Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

I am in a and prolonged L&T holdover case in which at one…

Customer Question
I am in a long...
I am in a long and prolonged L&T holdover case in which at one point I filed a appeal with the lower court and made OSC to stay pleadings on an interlocutory order. The OSC requesting a stay on the pleadings from the appellate term was not granted and the proceedings went forth in the lower court. Later I got a letter from the appellate term stating my appeal was dismissed as I did not file the appellate brief, only the OSC seeking the stay.
Question, I am planning potentially to appeal the case which is still ongoing and there have been subsequent D&O's since that interlocutory order that I filed for an appeal but did not submit a brief on because the appellate term would not afford me a stay...
Because the appellate term dismissed the case for failure to file briefs does that preclude me from appealing the whole case inclusive of the interlocutory order, and before?
My dealings with lower courts is that if the court dismisses a case without stating "with prejudice" the case can be be reinstated but I am not sure about the appellate term in NY 2nd department.
One picture is that I can only appeal from that point on (after the interlocutory order), and the other is that I can appeal the whole case...but I am not sure.
Submitted: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 4 minutes by:
1/23/2016
Lawyer: CalAttorney2, Attorney replied 2 years ago
CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10,244
Experience: I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
Verified

Dear Customer,

Please keep in mind, the specific orders that you have in front of you must be read and understood in full (the specifics and the details are critical!).

But in general, your understanding is correct. The appellate court most likely dismissed your writ only. The dismissal of the writ will only apply to that process, it does not apply to later filings.

If you were to file an appeal following the final entry of judgment in the lower court, that would be decided on the merits of that appeal.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago

Please explain "writ only"

here is a link to see the letter I recieved:

https://drive.google.com/file/d/0B8bYgTo7VtpETVhDWm11a21ld2M/view?usp=sharing

Lawyer: CalAttorney2, Attorney replied 2 years ago

Dear Customer,

This is a "general information" forum, I cannot provide you with formal legal advice or legal guidance (so I cannot review and interpret your specific order - trying to interpret a single document out of context could give you the wrong answer, and be of detriment to you).

What I mean by "writ only" is my reference to your appeal asking for the stay on the pleadings (an appeal as to only a part of the lower court proceeding that is filed prior to the entry of a final determination is commonly referred to as a "writ").

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago

Ok so then please explain what "22 NYCrr 730 et seq" means in light of what you stated.

Lawyer: CalAttorney2, Attorney replied 2 years ago

Dear Customer,

I am going to "opt out" and allow another expert to follow up with you.

Please do not post any further at this time as it will delay the next expert's ability to follow up.

If you need any assistance in the meantime, please contact our customer service at: http://ww2.justanswer.com/help

Thank you for using our forum, and I do wish you the best of luck.

Bill

Ask Your Own Landlord-Tenant Question
Lawyer: FamilyAttorney, Lawyer replied 2 years ago
FamilyAttorney
Category: Landlord-Tenant
Satisfied Customers: 1,551
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
Verified

Hello, I am an appellate attorney in NY. Please understand that there is no attorney client relationship by my answering this question. I am answering from the information you have listed and I don't know if there other other facts and circumstances so the answer will have to be a general one. When you see this please let me know so that I can continue and give you some information that could help you with your case. Do you have an attorney for an appeal or will you be pro se?

Ask Your Own Landlord-Tenant Question
Was this answer helpful?
Ask FamilyAttorney Your Own Question
FamilyAttorney
FamilyAttorney
FamilyAttorney, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 1,551
1,551 Satisfied Customers
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years

FamilyAttorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I just received my new lease information. Added to the lease
I just received my new lease information. Added to the lease was a $25 charge for a Valet living trash fee. For $25 you get a small trash bin that you can leave at your entrance and somewhere in the n… read more
LegalGems
LegalGems
Juris Doctorate
11,915 satisfied customers
Received a 24 hour notice to vacate but I have proof that
received a 24 hour notice to vacate but I have proof that rent was paid for feb, march ad april … read more
Lori
Lori
Juris Doctor
1,315 satisfied customers
I was involved in an auto accident in January and currently
I was involved in an auto accident in January and currently disabled due to accident - I live on the 2nd floor and would like to move to 1st floor to accomodate my disability. the landlord states there are is no availability for 1st floor apartments . Can I break my lease ? I live in Florida … read more
Lori
Lori
Juris Doctor
1,315 satisfied customers
My tenant has authorized an install of water heater without
my tenant has authorized an install of water heater without my approval the w/h installed comes with 6 yrs warranty for 450 plus install cost 750 i would have done it differently -- pay up 200 for 12 … read more
Lori
Lori
Juris Doctor
1,315 satisfied customers
I am a landlord in the state of Texas. We had one of our
I am a landlord in the state of Texas. We had one of our maintenance men to go in and make a repair in one of our properties and he observed the tenants smoking marijuana in the inside of the unit. He… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I have a lease. My question is the specify we are
I have a lease. My question is the specify we are responsible for unit as is! I consider the unit to be floor to ceiling and wall to wall. Not above the ceiling … read more
Lori
Lori
Juris Doctor
1,315 satisfied customers
More question concerning that letter template you sent me, I
hey one more question concerning that letter template you sent me, I don't know their address to mail this letter to. Do I just call them and ask them or what do I do?… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
We gave our roommate a 30 day notice to move, she was
We gave our roommate a 30 day notice to move, she was supposed to move out on 05/01. We agreed to let her stay until Friday May 18th. She has left however she left all of her belongings. We told her s… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I had a commercial Lease, my personal guarantee was only
I had a commercial Lease, my personal guarantee was only valid for the first year of the term of the lease, thus I was a personal guarantor for all of 2014, starting Jan 2015 there was no longer perso… read more
socrateaser
socrateaser
1,031 satisfied customers
My former landlord has a practice of replacing the carpet
My former landlord has a practice of replacing the carpet when a tenant with a pet moves out due to all allergies. The carpet was only a year old. It was not damaged and they prorated it for a total o… read more
LegalGems
LegalGems
Juris Doctorate
11,915 satisfied customers
Im a subtennant in california apt my master tennant comply
Im a subtennant in california apt my master tennant comply for 3 days notice … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,701 satisfied customers
I have a disabled adult son who lives in a apartment complex
Hello, I have a disabled adult son who lives in a apartment complex in Antioch, which is partially paid for by my husband and I. My son has been conserved, but I would like to know if the complex can … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have debt collectors calling me saying i owe them
i have debt collectors calling me saying i owe them thousands of dollars for unpaid rent. I moved out in january a couple of days before my lease ended but the issue is I never gave them a 30-days not… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I need to to speak to a lawyer about my options on kicking
I need to to speak to a lawyer about my options on kicking out a subletter who is not paying rent … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I have had two landlord/owner of a sfr. The first, a BAsia
I have had two landlord/owner of a sfr. The first, a BAsia White negelcted to pay property taxes and the house was sold at auction. The second owner Branden purchased the property and made renovations… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Have a short term rental in Florida Keys through HomeAway. I
Have a short term rental in Florida Keys through HomeAway. I have been issued a cease and desist order. The penalty for advertising less than 28 days which is permitted is $4700. How can I fight this … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,552 satisfied customers
Can you sue if an apartment complex is refusing to return
Can you sue if an apartment complex is refusing to return your security deposit after an application denial? … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
My daughter and 4 kids have been living in my house I own
My daughter and 4 kids have been living in my house I own rent free for 4 years. The first year she paid a modest rent. She has 2 disabled kids. Her boyfriend and his 4 kids have moved in. I need to s… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,701 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x