Gonzalez v Zinner

[*1] Gonzalez v Zinner 2010 NY Slip Op 50553(U) [27 Misc 3d 126(A)] Decided on April 6, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 6, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570261/07.

Maria Gonzalez and Alvaro Gonzalez and other Tenants of 235 West 146th Street, Petitioners-Tenants-Respondents,

against

Ihay Zinner and LKH Assets, LLC, Respondents-Landlords, Washington Mutual Bank, Respondent, -and- Department of Housing Preservation, and Development, Respondent-Respondent, -and- Esquire Group Estates, LLC, Chase Group Alliance, LLC and Vintage Ventures, LLC, Intervenors-Appellants.

Intervenors Esquire Group Estates, LLC, Chase Group Alliance, LLC and Vintage Ventures, LLC appeal from a judgment of the Civil Court of the City of New York, New York County (Pam B. Jackman Brown, J.), entered on or about February 9, 2007, after a nonjury trial, which conditionally directed the appointment of an administrator pursuant to RPAPL article 7-A.

Per Curiam.
Judgment (Pam B. Jackman Brown, J.), entered on or about February 9, 2007, affirmed, with $25 costs.

The points improperly raised by the intervenors for the first time on appeal, including their apparent constitutional challenge to RPAPL article 7-A, are unpreserved (see Dailey v City of New York, 301 AD2d 439 [2003]) and we decline to review them. We note our recent affirmance of an order denying the intervenors' post-judgment motion to remove the RPAPL article 7-A administrator (Gonzales v Zinner, 25 Misc 3d 139[A], 2009 NY Slip Op 52388[U] [*2][2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 06, 2010