Case Type

Holdover-Lease Expiration

Court

SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

2023-784 K C

Petitioner

Yao Wen Lei and Harry Zeng

Respondent

Yu Hin Chan and Feifei Gu

Judge

OTTLEY, LISA S., BUGGS, CHEREÉ A., HOM, PHILLIP

Decision/Order Date

2024-01-12

Posture

Post-judgment Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Landlord Substantially Won

Synopsis

In this holdover proceeding, tenants appealed from an order denying various motions including to sanction the judge, for discovery, to recuse the judge, for leave to reargue, to strike a jury demand, to strike landlords' answer to their counterclaims, to "reconsider signing subpoenas," and to stay the trial. However, the appeal was dismissed as the right of direct appeal terminated upon the subsequent entry of a final judgment. Key legal points include the requirement for timely appeal and the termination of the right of direct appeal upon the entry of a final judgment.

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