GIANGRANDE v. GRACIE GARDENS OWNERS CORP (2025)

Supreme Court, Appellate Division, First Department, New York.

Angelo GIANGRANDE, Plaintiff–Appellant, v. GRACIE GARDENS OWNERS CORP et al., Defendants–Respondents.

5055

Decided: October 28, 2025

Kern, J.P., Scarpulla, Mendez, Rodriguez, Rosado, JJ.

Bailey Law, P.C., Syosset (Edward G. Bailey of counsel), for appellant. Braverman Greenspun P.C., New York (Kelly A. Ringston of counsel), for respondents.

Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered on or about February 9, 2024, which, to the extent appealed from as limited by the briefs, granted defendants’ motion to dismiss the second, third, fourth, sixth, and seventh causes of action, unanimously affirmed, with costs.

Civil Court's judgment of possession and warrant of eviction are not subject to collateral attack absent a showing that Civil Court lacked jurisdiction to award possession or order a tenant's eviction (see Matter of Bobian v. New York City Hous. Auth., 55 A.D.3d 396, 865 N.Y.S.2d 216 [1st Dept. 2008]). The causes of action that plaintiff asserts in this proceeding would effectively require nullification of the issuance of the judgment of possession and warrant of eviction, constituting an impermissible collateral attack. Civil Court's judgment is not open to a collateral attack unless and until the judgment is either reversed on appeal or set aside (see McLaughlin v. Hernandez, 16 A.D.3d 344, 346, 793 N.Y.S.2d 15 [1st Dept. 2005]).

We have considered plaintiff's remaining arguments and find them unavailing.

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