JACOB MARION LLC v. DOE (2018)

ORDERED that the order dated August 6, 2015, insofar as reviewed on direct appeal, the final judgment, and the order dated June 16, 2016 are affirmed, without costs.

The notice of termination and petition in this holdover proceeding allege the termination of a month-to-month tenancy and that the premises is not rent stabilized. By order dated August 6, 2015, the Civil Court granted tenant's motion for summary judgment dismissing the petition on the ground that the apartment was rent stabilized, and denied as moot landlord's cross motion for use and occupancy. Landlord's notice of appeal from the order dated August 6, 2015 is deemed in part to be from a final judgment, entered pursuant to the order, dismissing the petition (see CPLR 5501 [c] ). Following the entry of the final judgment, landlord moved, on the ground of newly discovered evidence (see CPLR 2221 [e] ), for leave to renew its opposition to tenant's summary judgment motion, arguing that tenant had no lease at all, which motion was denied by order dated June 16, 2016.

For the reasons stated in Jacob Marion, LLC, v. Hamilton “Doe” (––– Misc 3d ––––, 2018 NY Slip Op. –––– [appeal No. 2015–2801 K C], decided herewith), the order dated August 6, 2015, insofar as reviewed on direct appeal, the final judgment, and the order dated June 16, 2016 are affirmed.

PESCE, P.J., WESTON and ALIOTTA, JJ., concur.