Legal Opinion

303 Beverly Group, L. L. C. v. Alster

Appellate Terms of the Supreme Court of New York

Decided October 23, 2001Published

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

We deem the appeal from the orders to be from the final judgment entered June 6, 2000 (see, CPLR 5520 [c]). The right of direct appeal from the orders terminated with the entry of the judgment (see, Matter of Aho, 39 NY2d 241, 248). The issues raised on appeal from said orders are brought up for review and have been considered on the appeal from the judgment (CPLR 5501 [a] [1]).

In this nonpayment proceeding, tenant asserted breach of the warranty of habitability as an affirmative defense. The parties thereafter entered into a “stipulation in settlement of…

2Cases cited5 opinions

  1. In re AhoNew York Court of Appeals · 1976
  2. Couri v. Westchester Country Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
  3. Elkman v. Southgate Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1996
  4. Bay Park One Co. v. CrosbyAppellate Terms of the Supreme Court of New York · 1981
  5. Mastrangelo v. Five Riverside Corp.Appellate Division of the Supreme Court of the State of New York · 1999

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API