MH Residential 1, LLC v Barrett

MH Residential 1, LLC v Barrett 2013 NY Slip Op 00393 Decided on January 24, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 24, 2013
Tom, J.P., Saxe, Moskowitz, Abdus-Salaam, Gische, JJ.
9055 57008/08

[*1]MH Residential 1, LLC, Petitioner-Respondent,

v

John Barrett, et al., Respondents-Appellants, "John Doe," et al., Respondents.




Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of
counsel), for appellants.
Axelrod, Fingerhut & Dennis, New York (David L. Fingerhut
of counsel), for MH Residential 1, LLC, respondent.

Appeal from an order of the Appellate Term of the Supreme Court, First Department, entered December 28, 2011, which, in consolidated summary holdover proceedings, reversed an order of the Civil Court, New York County (Brenda S. Spears, J.), entered on or about June 16, 2011, granting respondents-appellants tenants' motion to disqualify petitioner-respondent landlord's counsel, unanimously dismissed, without costs.

Pending the present appeal, the holdover proceedings were separately tried, resulting in final judgments entered in landlord's favor. The right to appeal from the intermediate
order does not survive entry of the final judgments (see Matter of Aho, 39 NY2d 241, 248 [1976]; Jema Props. v McLeod, 51 AD2d 702 [1st Dept 1976]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 24, 2013

CLERK