BRIGHAM PARK CO-OPERATIVE APARTMENTS, SEC #3, INC., app, v. HOWARD ROCK AND FRAN ROCK, res

2012-773 K C. BRIGHAM PARK CO-OPERATIVE APARTMENTS, SEC #3, INC., app, v. HOWARD ROCK AND FRAN ROCK, res. — Appeal from an order of the Civil Court of the City of New York, Kings County (Thomas M. Fitzpatrick, J.), dated October 7, 2011. The order, insofar as appealed from, (1) denied the branch of landlord's motion seeking to vacate a conditional stay of the warrant, (2) upon granting the branch of landlord's motion seeking attorney's fees, awarded landlord only $400 in attorney's fees, and (3) granted tenants' cross motion to extend the stay of the warrant, in a chronic-nonpayment holdover summary proceeding. So much of the appeal as is from the portion of the order which, upon granting the branch of landlord's motion seeking attorney's fees, awarded landlord only $400 in attorney's fees is deemed to be an appeal from a judgment of the same court entered October 7, 2011, awarding landlord the principal sum of $400 (see CPLR 5512 [a]).

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

2012-773 K C. BRIGHAM PARK CO-OPERATIVE APARTMENTS, SEC #3, INC., app, v. HOWARD ROCK AND FRAN ROCK, res. — Appeal from an order of the Civil Court of the City of New York, Kings County (Thomas M. Fitzpatrick, J.), dated October 7, 2011. The order, insofar as appealed from, (1) denied the branch of landlord’s motion seeking to vacate a conditional stay of the warrant, (2) upon granting the branch of landlord’s motion seeking attorney’s fees, awarded landlord only $400 in attorney’s fees, and (3) granted tenants’ cross motion to extend the stay of the warrant, in a chronic-nonpayment holdover summary proceeding. So much of the appeal as is from the portion of the order which, upon granting the branch of landlord’s motion seeking attorney’s fees, awarded landlord only $400 in attorney’s fees is deemed to be an appeal from a judgment of the same court entered October 7, 2011, awarding landlord the principal sum of $400 (see CPLR 5512 [a]).

ORDERED that the judgment is reversed, without costs, so much of the order dated October 7, 2011 as, upon granting the branch of landlord’s motion seeking attorney’s fees, awarded landlord $400 in attorney’s fees is vacated, and the matter is remitted to the Civil Court for a hearing to determine the amount of attorney’s fees landlord is entitled to recover; and it is further,

BRIGHAM PARK CO-OPERATIVE APARTMENTS, SEC #3, INC., app, v. HOWARD ROCK AND FRAN ROCK, res

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal