Miranda v Smyrna Bldg. Corp.

[*1] Miranda v Smyrna Bldg. Corp. 2012 NY Slip Op 51930(U) Decided on October 5, 2012 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 5, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : WESTON, J.P., RIOS and SOLOMON, JJ
2011-1986 RI C.

Steven Miranda, as Administrator of the Estate of JOSEPH MIRANDA and BELLE MIRANDA, Respondent-Appellant,

against

Smyrna Building Corp., NASSER YAGHOOBZADEH and VICTOR FREUDMAN, Appellants-Respondents.

Appeal and cross appeal from a decision of the Civil Court of the City of New York, Richmond County (Philip S. Straniere, J.), dated March 10, 2010, and appeal from a judgment of the same court entered March 15, 2011. The judgment, entered pursuant to the decision dated March 10, 2010, after a nonjury trial, awarded plaintiffs the principal sum of $12,650.75 as against defendants Nasser Yaghoobzadeh and Victor Freudman.

ORDERED that the appeal and cross appeal from the decision are dismissed on the ground that no appeal lies from a decision (CCA 1702; see Greenfield v Tassinari, 8 AD3d 529 [2004]); and it is further,

ORDERED that so much of the appeal as is by defendant Smyrna Building Corp. from the judgment is dismissed on the ground that the judgment grants no relief against this defendant and, accordingly, it is not aggrieved by the judgment (see CPLR 5511); and it is further,

ORDERED that the judgment is reversed, without costs, and so much of the complaint as is asserted against defendants Nasser Yaghoobzadeh and Victor Freudman is dismissed.

For the reasons stated in Cilento v Smyrna Building Corp. ( Misc 3d , 2012 NY Slip Op [No. 2010-2938 RI C], decided herewith), the judgment is reversed and
so much of the complaint as was asserted against defendants Nasser Yaghoobzadeh and Victor Freudman is dismissed.

Weston, J.P., Rios and Solomon, JJ., concur.
Decision Date: October 05, 2012