101 Maiden Lane Realty Co., LLC v Tran Han Ho

[*1] 101 Maiden Lane Realty Co., LLC v Tran Han Ho 2007 NY Slip Op 50075(U) [14 Misc 3d 132(A)] Decided on January 18, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 18, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ
570620/06.

101 Maiden Lane Realty Co., LLC, Petitioner-Landlord-Respondent- Cross-Appellant,

against

Tran Han Ho and Tran Tuyet Van, Respondents-Tenants-Appellants- Cross-Respondents.

Tenants appeal from that portion of an order of the Civil Court of the City of New York, New York County (Anil C. Singh, J.), dated December 16, 2005, which denied their motion to vacate the final judgment in a nonpayment summary proceeding. Landlord cross appeals from so much of the aforesaid order as denied its motion for sanctions.

PER CURIAM:

Order (Anil C. Singh, J.), dated December 16, 2005, affirmed, without costs.

In affirming, we note our disapproval of tenants' motion seeking to relitigate an issue firmly and finally resolved in prior litigation (see Sun Mei Inc. v Chen, 21 AD3d 265 [2005]; 101 Maiden Lane Realty Co. LLC v Tran Han Ho, 2003 NY Slip Op 50021[U] [2003]). While we affirm the denial of the imposition of sanctions pursuant to the Rules of the Chief Administrator of the Courts (22 NYCRR) § 130-1.1, we caution tenants that if the pattern of repetitive motion practice continues, sanctions may be warranted.

This constitutes the decision and order of the court.
Decision Date: January 18, 2007