Tenant Can't Appeal Finding of Court

November 1, 1996

LVT Number: 11010

Landlord sued to evict tenant. The court ruled against landlord based on a procedural defect and dismissed the case. Tenant appealed because the court described tenant as a month-to-month tenant. The appeals court ruled against tenant and dismissed his appeal. Since landlord's case had been dismissed, tenant had no right to appeal. The lower court's supposed ruling on tenant's status had no effect.

Landlord sued to evict tenant. The court ruled against landlord based on a procedural defect and dismissed the case. Tenant appealed because the court described tenant as a month-to-month tenant. The appeals court ruled against tenant and dismissed his appeal. Since landlord's case had been dismissed, tenant had no right to appeal. The lower court's supposed ruling on tenant's status had no effect.

125 West Corp. v. Last Detail, Inc.: NYLJ, p. 25, col. 3 (10/8/96) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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