25 Jay Street Tenants' Ass'n v. 25 Jay Street, LLC

In an action, inter alia, for a judgment declaring that the plaintiffs’ apartments are rent stabilized, the plaintiffs appeal from (1) stated portions of an order of the Supreme Court, Kings County (Jones, J.), dated October 23, 2000, which, inter alia, granted that branch of the defendant’s motion which was to dismiss the seventh cause of action alleging breach of the warranty of habitability, and (2) an order of the same court dated March 29, 2001, which denied their motion pursuant to CPLR 3217 (b) to discontinue their action without prejudice.

Ordered that the order dated October 23, 2000,…