ELK 300 E 83 LLC, pet-lan-app v. ROSEMARY DOWD, res-ten -and- “JOHN AND/OR JANE DOE,” res

15-189/190. ELK 300 E 83 LLC, pet-lan-app v. ROSEMARY DOWD, res-ten -and- "JOHN AND/OR JANE DOE," res — Order (David J. Kaplan, J.), entered July 28, 2014, affirmed, with $10 costs. Appeal from order (David J. Kaplan, J.), entered November 17, 2014, dismissed, without costs, as nonappealable.

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15-189/190. ELK 300 E 83 LLC, pet-lan-app v. ROSEMARY DOWD, res-ten -and- “JOHN AND/OR JANE DOE,” res — Order (David J. Kaplan, J.), entered July 28, 2014, affirmed, with $10 costs. Appeal from order (David J. Kaplan, J.), entered November 17, 2014, dismissed, without costs, as nonappealable.

We sustain the denial of petitionerlandlord’s motion for summary judgment of possession without prejudice to renewal upon service of the underlying motion papers on respondent Catherine Dowd [Catherine]. Inasmuch as Catherine is a party to this proceeding, as evidenced by the April 26, 2011 stipulation of the parties, petitioner was required to serve Catherine with the underlying summary judgment motion (see CPLR 2103[e]; Forte v. Cities Serv. Oil Co., 195 AD2d 805, 806 [1993]; see also Pol-Tech Indus. v. Panzarella, 227 AD2d 992 [1996]). Nor may petitioner’s failure to serve Catherine with the motion be overlooked as a mere irregularity (see Forte v. Cities Serv. Oil Co., supra at 807; Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR C2103:6), since the motion sought relief against Catherine, including a possessory judgment. We reach no other issue.

ELK 300 E 83 LLC, pet-lan-app v. ROSEMARY DOWD, res-ten -and- “JOHN AND/OR JANE DOE,” res

15-189/190. ELK 300 E 83 LLC, pet-lan-app v. ROSEMARY DOWD, res-ten -and- "JOHN AND/OR JANE DOE," res — Order (David J. Kaplan, J.), entered July 28, 2014, affirmed, with $10 costs. Appeal from order (David J. Kaplan, J.), entered November 17, 2014, dismissed, without costs, as nonappealable.

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