Tricarichi v. Moran
Appellate Terms of the Supreme Court of New York
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Ordered that, on the court’s own motion, the notice of appeal from the oral order is deemed to be a premature notice of appeal from the final judgment (see CPLR 5520 [c]); and it is further, ordered that the final judgment is reversed, without costs, the oral order is vacated, and tenants’ oral motion to dismiss the petition is denied.
When this nonpayment summary proceeding came on for trial, tenants’ attorney stated that tenants were surrendering possession, and moved to dismiss the petition, arguing that the tenancy was month-to-month, as the lease had…
2Cases cited7 opinions
- City of New York v. Pennsylvania RailroadNew York Court of Appeals · 1975
- Bleecker Street Tenants Corp. v. Bleeker Jones LLCNew York Court of Appeals · 2011
- Bleecker Street Tenants Corp. v. Bleeker Jones LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Patchogue Associates v. Sears, Roebuck & Co.Appellate Terms of the Supreme Court of New York · 2012
- United Mutual Life Insurance v. ICBC Corp.Appellate Division of the Supreme Court of the State of New York · 1978
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3Cited by3 opinions
- UFH Apts. Inc. v. Vyskovsky, Civil Court Of The City Of New York, New York County2025
- Hermida v. BlochwitzAppellate Terms of the Supreme Court of New York · 2017
- Yorkville Plaza Assoc. LLC v. Guo, Civil Court Of The City Of New York, New York County2025