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Kheyn v. Vitovska

Denial of Tenant's Motion Nullity, Remains Pending; Cross-Appeal Not Properly Before Court

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DECISION & ORDER

*1  Appeal and cross appeal from an order of the Civil Court of the City of New York, Kings County (Lisa S. Ottley, J.), entered May 13, 2015. The order, insofar as appealed from by landlord, denied his cross motion for the imposition of monetary sanctions upon tenant Svetlana Vitovska and for an award of reasonable attorney’s fees. The order, insofar as cross-appealed from by tenant Svetlana Vitovska, stated that her motion to reduce the “settled” transcript to an appealable order had been referred to Supreme Court Justice Johnny Lee Baynes, who had denied her motion.PER CURIAMORDERED that, on the court’s own motion, the cross appeal is dismissed, as the motion by tenant Svetlana Vitovska remains pending and undecided (see Ganai v. 6910 Fort Hamilton Parkway Corp., 149 AD3d 914 [2017]); and it is further,ORDERED that the order, insofar as appealed from by landlord, is affirmed, without costs.In February 2009, landlord commenced a holdover proceeding against Svetlana Vitovska (tenant), among others. In May 2009, the parties, represented by counsel, entered into a so-ordered stipulation of settlement whereby tenant surrendered the premises to landlord who, in turn, waived all claims for rent, damages and legal fees. Landlord agreed to return tenant’s $1,500 security deposit in three separate payments made by certified check, each in the sum of $500. The stipulation provided that should any of the three payments not be timely made, tenant could enter judgment against landlord in the sum of $5,000. After landlord defaulted, a judgment in the sum of $5,000 was entered against him in July 2009.

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