Landlord Can't Appeal Non-Final Court Order

Landlord sued to evict tenant for creating a nuisance by failing to provide access and not keeping his apartment in an orderly condition. Landlord and tenant signed a settlement agreement in court. Tenant was put on probation for two years and agreed to keep his apartment clean. Landlord later asked the court to restore the case and enter a judgment based on tenant's breach of the settlement agreement. The court ruled for landlord after a hearing. Tenant then asked the court for permission to reargue. The court ruled for tenant, vacated its judgment in landlord's favor, and set the case down for another hearing. Landlord appealed and lost. Landlord has no right to appeal an order that doesn't make a final ruling on a motion, and there wasn't a final ruling on tenant's motion to reargue. In addition, the record presented on appeal didn't include a transcript of the hearing that resulted in the judgment for landlord. So it was impossible for the appeals court to make a decision.

Highland Terrace, LLC v. Dallis: NYLJ, 9/29/08, p. 44, col. 3 (App. T. 2 Dept.; Pesce, PJ, Weston Patterson, Rios, JJ)