600 Realty Hgts., LLC v Paula-Molina

[*1] 600 Realty Hgts., LLC v Paula-Molina 2015 NY Slip Op 50262(U) Decided on March 4, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 4, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Shulman, JJ.
570019/15

600 Realty Heights, LLC, Petitioner-Landlord-Respondent -

against

Jorge Paula-Molina, Respondent-Tenant—Appellant, -and- John Doe and/or Jane Doe, Respondents.

Tenant appeals from an order of the Civil Court of the City of New York, New York County (David J. Kaplan, J.), dated September 11, 2014, which, in a holdover summary proceeding, granted landlord's motion for attorneys' fees and directed a hearing to determine the reasonable value of such fees.

Per Curiam.

Appeal from order (David J. Kaplan, J.), dated September 11, 2014, dismissed, without costs.

Tenant's appeal from the September 11, 2014 order, which granted landlord's motion for attorneys' fees and set the matter down for a hearing to determine the reasonable value of such fees, must be dismissed because the right of direct appeal therefrom terminated upon the subsequent entry of a judgment awarding landlord a recovery of specified attorneys' fees (see generally Matter of Aho, 39 NY2d 241, 248 [1976]. The issues sought to be raised herein by tenant are reviewable upon appeal from the judgment (see CPLR 5501[a][1]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: March 04, 2015