| 1223 Bushwick, LLC v Williams |
| 2008 NY Slip Op 50512(U) [19 Misc 3d 128(A)] |
| Decided on March 5, 2008 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Kings County (Sabrina B.
Kraus, J.), entered September 19, 2006. The order, insofar as appealed from, granted an oral
application to dismiss a portion of landlord's claim for unpaid rent.
Appeal dismissed.
No appeal as of right lies from an order which decides a motion that was not made on notice (see CCA 1702 [a] [2]; CPLR 2211; Bottiglieri v Reilly, 15 Misc 3d 135[A], 2007 NY Slip Op 50750[U] [App Term, 9th & 10th Jud Dists 2007]). Although under appropriate circumstances leave to appeal may be granted (CCA 1702 [c]; O'Brien v Town of Huntington, 297 AD2d 315 [2002]), we decline to do so in the instant case. We note that the instant disposition is without prejudice to landlord moving on notice to tenant in the court below to set aside the order appealed from so that a complete record may be created with respect to the issue of laches.
Weston Patterson, J.P., Golia and Rios, JJ., concur.
Decision Date: March 5, 2008