Joe Lebnan, LLC v Oliva

[*1] Joe Lebnan, LLC v Oliva 2012 NY Slip Op 50350(U) Decided on February 21, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 21, 2012
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : RIOS, J.P., WESTON and GOLIA, JJ
2010-2942 K C. -x

Joe Lebnan, LLC, Appellant,

against

Arias Oliva, Respondent, -and- "JOHN DOE" and "JANE DOE", Undertenants. -x JOE LEBMAN, LLC, Appellant, MIGUEL NAULA, Respondent, -and- "JOHN DOE" and "JANE DOE", Undertenants. -x

Appeals from an order of the Civil Court of the City of New York, Kings County (Laurie Lynne Lau, J.; op 26 Misc 3d 1220[A], 2009 NY Slip Op 52735[U]), dated December 17, 2009. The order, insofar as appealed from as limited by the brief, granted the branch of tenants' cross motion seeking to set aside the court's decision, after a nonjury trial, in two separate holdover summary proceedings.

ORDERED that, on the court's own motion, the appeals are consolidated for the purposes of disposition; and it is further,

ORDERED that the appeals are dismissed.

No appeal lies from an order granting a motion to vacate a decision (see Delgado v Clark, 307 AD2d 307 [2003]; Chapin v Chapin, 295 AD2d 389 [2002]; Rosas v Ishack, 219 AD2d 633 [1995]; Matter of Colonial Penn Ins. Co. v Culley, 144 AD2d 363 [1988]). Landlord, if it be so advised, may enter final judgments and appeal therefrom.

Rios, J.P., Weston and Golia, JJ., concur.
Decision Date: February 21, 2012