RITA DELUCA RESPONDENTS plf, v. VINCENZO PECORARO, ap

RITA DELUCA RESPONDENTS plf, v. VINCENZO PECORARO, ap — (INDEX NO. 31058/10)In an action, inter alia, pursuant to RPAPL article 15 to determine claims to real property, and for a judgment declaring that the plaintiffs are the owners of the subject property and that the defendant has no interest in the subject property, the defendant appeals, as limited by his brief, from stated portions of an order of the Supreme Court, Kings County (Lewis, J.), dated September 30, 2011, which, inter alia, granted those branches of the motion of the plaintiffs Rita DeLuca and Aniello Cella which were for summary judgment declaring that they are the owners of the subject property and that the defendant has no interest in the subject property, enjoining the defendant from accessing the subject property or collecting rent from tenants on the subject property, directing the defendant to return to them any rent monies collected for March 2011, and dismissing the counterclaims insofar as asserted against them, and, in effect, denied the defendant's application for leave to amend his answer to include, inter alia, an affirmative defense and counterclaim alleging undue influence.

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RITA DELUCA RESPONDENTS plf, v. VINCENZO PECORARO, ap — (INDEX NO. 31058/10)In an action, inter alia, pursuant to RPAPL article 15 to determine claims to real property, and for a judgment declaring that the plaintiffs are the owners of the subject property and that the defendant has no interest in the subject property, the defendant appeals, as limited by his brief, from stated portions of an order of the Supreme Court, Kings County (Lewis, J.), dated September 30, 2011, which, inter alia, granted those branches of the motion of the plaintiffs Rita DeLuca and Aniello Cella which were for summary judgment declaring that they are the owners of the subject property and that the defendant has no interest in the subject property, enjoining the defendant from accessing the subject property or collecting rent from tenants on the subject property, directing the defendant to return to them any rent monies collected for March 2011, and dismissing the counterclaims insofar as asserted against them, and, in effect, denied the defendant’s application for leave to amend his answer to include, inter alia, an affirmative defense and counterclaim alleging undue influence.

ORDERED that on the Court’s own motion, the notice of appeal from so much of the order as, in effect, denied the defendant’s application for leave to amend his answer is deemed to be an application for leave to appeal from that portion of the order, and leave to appeal from that portion of the order is granted (see CPLR 5701[c]); and it is further,

RITA DELUCA RESPONDENTS plf, v. VINCENZO PECORARO, ap

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