GIHON, LLC, res, v. 501 SECOND STREET, LLC, ET AL., APPELLANTS def

GIHON, LLC, res, v. 501 SECOND STREET, LLC, ET AL., APPELLANTS def — (INDEX NO. 13933/04)In a consolidated action, inter alia, to recover damages for conversion and breach of a lease, and to recover money had and received, the defendants 501 Second Street, LLC, Dorothy Nash, Rachel Nash, and Esther Nash, individually and doing business as 501 Second Street Holding Corp., appeal from a judgment of the Supreme Court, Kings County (Knipel, J.), entered January 3, 2011, which, upon an order of the same court dated July 30, 2010, as amended November 4, 2010, among other things, granting that branch of the plaintiff's motion which was for summary judgment on the sixth, eighth, ninth, and tenth causes of action to the extent of directing that the defendant 501 Second Street, LLC, return the plaintiff's security deposit referable to the lease for the subject property, is in favor of the plaintiff and against the defendant 501 Second Street, LLC, in the principal sum of $120,000, together with statutory interest pursuant to CPLR 5004.

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GIHON, LLC, res, v. 501 SECOND STREET, LLC, ET AL., APPELLANTS def — (INDEX NO. 13933/04)In a consolidated action, inter alia, to recover damages for conversion and breach of a lease, and to recover money had and received, the defendants 501 Second Street, LLC, Dorothy Nash, Rachel Nash, and Esther Nash, individually and doing business as 501 Second Street Holding Corp., appeal from a judgment of the Supreme Court, Kings County (Knipel, J.), entered January 3, 2011, which, upon an order of the same court dated July 30, 2010, as amended November 4, 2010, among other things, granting that branch of the plaintiff’s motion which was for summary judgment on the sixth, eighth, ninth, and tenth causes of action to the extent of directing that the defendant 501 Second Street, LLC, return the plaintiff’s security deposit referable to the lease for the subject property, is in favor of the plaintiff and against the defendant 501 Second Street, LLC, in the principal sum of $120,000, together with statutory interest pursuant to CPLR 5004.

ORDERED that the appeal by the defendants Dorothy Nash, Rachel Nash, and Esther Nash, individually and doing business as 501 Second Street Holding Corp., is dismissed, as those defendants are not aggrieved by the judgment appealed from (see CPLR 5511); and it is further,

GIHON, LLC, res, v. 501 SECOND STREET, LLC, ET AL., APPELLANTS def

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