Holdover: Lease Expiration
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2023-500 K C
Slip Opinion Number
2023 NY Slip Op 51256(U)
Yao Wen Lei and Harry Zeng
Yu Hin Chan and Feifei Gu
TOUSSAINT, Wavny, P.J., MUNDY, Marina Cora, JJ., OTTLEY, Lisa S., JJ.
Post-judgment Motion by Tenant
Landlord Substantially Won
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.
"Yao Wen Lei v. Yu Hin Chan" (2023). All Decisions. 1343.