Knoll Manor Assocs. of NY v. Goldstein

• Decision Date: 18 November 2021
• Docket Number: 2020-549 RO C
• Citation: 73 Misc.3d 138 (A),155 N.Y.S.3d 528 (Table)
• Parties: KNOLL MANOR ASSOCIATES OF NY, Respondent, v. Zev GOLDSTEIN, Appellant.
• Court: New York Supreme Court — Appellate Term

73 Misc.3d 138 (A)
155 N.Y.S.3d 528 (Table)

KNOLL MANOR ASSOCIATES OF NY, Respondent,
v.
Zev GOLDSTEIN, Appellant.

2020-549 RO C

Supreme Court, Appellate Term, New York, Second Dept., 9 & 10 Jud. Dist.

Decided on November 18, 2021

Zev Goldstein, appellant pro se.

Wilf Law Firm, LLP (Mark A. Rothberg of counsel), for respondent.

PRESENT: TERRY JANE RUDERMAN, P.J., ELIZABETH H. EMERSON, HELEN VOUTSINAS, JJ.

ORDERED that the appeal from the decision is dismissed as no appeal lies from a decision (see UJCA 1702 ; Greenfield v Tassinari , 8 AD3d 529 [2004] ); and it is further,

ORDERED that the appeal from the final judgment entered July 17, 2020 is dismissed, as the final judgment was superseded by the amended final judgment; and it is further,

ORDERED that the amended final judgment entered August 21, 2020 is affirmed, without costs.

Landlord commenced this holdover proceeding in the Justice Court of the Town of Ramapo, by petition dated September 4, 2019 and returnable on September 16, 2019, after tenant's lease ended upon its own terms. Due to the recusals of two judges, the case was transferred to several different courts, including the Justice Court of the Town of Orangetown, before it was transferred back to the Justice Court of the Town of Ramapo. In an answer dated February 23, 2020, tenant asserted, among other things, that the petition was not properly verified, that landlord had retaliated against tenant, and that the apartment was subject to the Emergency Tenant Protection Act of 1974 (ETPA) (L 1974, ch 576, § 4, McKinney's Uncons Laws of NY § 8621 et seq. ). In a decision dated March 2, 2020, after a nonjury trial, the Justice Court awarded landlord possession. A final judgment awarding landlord possession was entered on July 17, 2020 pursuant to the decision. An amended final judgment was subsequently entered on August 21, 2020, which additionally lifted a stay imposed pursuant to the Tenant Safe Harbor Act (L 2020, ch 27, § 2).

While tenant was entitled to a verified petition (see RPAPL 741 ), tenant did not raise the alleged verification issue with "due diligence" (see CPLR 3022 ), which has...