Legal Opinion
Stepping Stones Associates v. Seymour
Appellate Terms of the Supreme Court of New York
Decided May 26, 2000PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Final judgment unanimously reversed without costs and *991matter remanded to the court below for further proceedings.
The City Court erred in denying tenant a trial and in entering judgment against him based upon his default in making a court-ordered deposit (RPAPL 745 [1]; Lipkis v Gilmour, 158 Misc 2d 609; Eversman v Collodo, 88 Misc 2d 86). The final judgment, although entered upon tenant’s “default” in making the court-ordered deposit, is nevertheless directly appealable. A default in making a payment is not an acquiescence within the meaning of the rule that a…
2Cases cited5 opinions
- Flake v. . Van WagenenNew York Court of Appeals · 1873
- Malvin v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1978
- Malvin v. SchwartzNew York Court of Appeals · 1979
- Eversman v. CollodoAppellate Terms of the Supreme Court of New York · 1976
- Lipkis v. GilmourAppellate Terms of the Supreme Court of New York · 1993
3Cited by2 opinions
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- Carlos v. PrimusAppellate Terms of the Supreme Court of New York · 2018