Case Type
Holdover: Lease Expiration
Housing Type
Market Rate
Court
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2023-500 K C
Slip Opinion Number
2023 NY Slip Op 51256(U)
Petitioner
Yao Wen Lei and Harry Zeng
Respondent
Yu Hin Chan and Feifei Gu
Judge
TOUSSAINT, Wavny, P.J., MUNDY, Marina Cora, JJ., OTTLEY, Lisa S., JJ.
Decision/Order Date
2023-11-13
Posture
Post-judgment Motion by Tenant
Disposition
Appeals Dismissed
Winner
Landlord Substantially Won
Synopsis
The landlord brought a holdover proceeding against the tenant after the tenant's lease expired. The tenant appealed from two orders: one denying the tenant's motion to dismiss the petition and for sanctions and costs, and one granting the landlord's motion to strike the tenant's jury demand and denying the tenant's cross-motions. The appeals were dismissed because the right to appeal from intermediate orders terminated when a final judgment was entered after a nonjury trial. Key Legal Points: (1) The right to appeal from intermediate orders terminates when a final judgment is entered. (2) Jury trials are not available in summary proceedings.
Recommended Citation
"Yao Wen Lei v. Yu Hin Chan" (2023). All Decisions. 1343.
https://ir.lawnet.fordham.edu/housing_court_all/1343
