167 LLC v Calinescu

[*1] 167 LLC v Calinescu 2013 NY Slip Op 50379(U) Decided on March 20, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 20, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Torres, JJ
570683/11.

167 LLC, Petitioner-Landlord-Respondent,

against

Nicolae Calinescu, Respondent-Tenant-Appellant.

Tenant, as limited by his briefs, appeals from those portions of an order of the Civil Court of the City of New York, Bronx County (Jack Stoller, J.), dated August 5, 2011, which granted landlord's motion to strike the jury demand and certain counterclaims interposed by tenant in a holdover summary proceeding.

Per Curiam.

Appeal from order (Jack Stoller, J.), dated August 5, 2011, dismissed, without costs.

Pending the present appeal, the holdover proceeding was resolved on the merits by the grant of landlord's motion for summary judgment, with a final judgment entered in landlord's favor. In this posture, tenant's appeal from the interlocutory order must be dismissed because the right of direct appeal therefrom terminated with the entry of the final judgment (see Matter of Aho, 39 NY2d 241 [1976]). The issues raised by tenant are reviewable upon appeal from the final judgment (see CPLR 5501[a][1]). THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur

Decision Date: March 20, 2013