Appellate Terms of the Supreme Court of New York, 1985

Acevedo v. Layton

Appellate Terms of the Supreme Court of New York · Decided October 7, 1985

131 Misc. 2d 406; 503 N.Y.S.2d 219; 1985 N.Y. Misc. LEXIS 3302

Counsel

APPEARANCES OF COUNSEL, Farley, Jutkowitz, Balint & Wiederkehr (Alfred E. Donnellan of counsel), for appellant. James O. Hivnor and Ray A. Jones for respondent.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

Appeal dismissed.

In the absence of the entry of a final judgment upon the subject order, no appeal will lie (see, UCCA 1702).

Were the matter properly before us, we would be inclined to affirm. In view of landlord’s failure to offer tenant a written lease, as required by the Emergency Tenant Protection Act, tenant may not presently be evicted on the ground that landlord is in need of the apartment for use by a member of his immediate family (see, Bianchi v Savage, 83 Misc 2d 1007).

Di Paola, P. J., Slifkin and Stark, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.