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: 1,552
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 38 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?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask FamilyAttorney Your Own Question
FamilyAttorney
FamilyAttorney
FamilyAttorney, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 1,552
1,552 Satisfied Customers
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 38 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

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 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

1,295 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
In light of the last question. When filing a motion for a
Second opinion] In light of the last question. When filing a motion for a determination of an undertaking from the lower court after same has set the final order with both U&O and Legal fees. Does it … read more
Ray
Ray
Lawyer
Doctoral Degree
33,756 satisfied customers
In light of the last question. When filing a motion for a
In light of the last question. When filing a motion for a determination of an undertaking from the lower court after same has set the final order with both U&O and Legal fees. Does it come under CPLR … read more
Ray
Ray
Lawyer
Doctoral Degree
33,756 satisfied customers
In line with the previous question I would like to know
In line with the previous question I would like to know when, and if, the court renders a final judgment either as de minimis (holdover for illegal sublet as tenancy had been for 23 years with full su… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
I want to know if I miss the deadline for the statement of
I want to know if I miss the deadline for the statement of the case, can refile appeal, what is the process? what if i wanted to do emergency motion to stay while court decide eviction … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am in a cooperative holdover case as the respondent,
I am in a cooperative holdover case as the respondent, premised upon illegal sublet, which has been going on for over 11 years. The case has had many twists and turns, but now the court is ready to gi… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
Is there a limit or rule regarding amount of legal fees
Is there a limit or rule regarding amount of legal fees awarded in a holdover proceeding in NY where the landlord takes possession of the premises (cooperative)?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a landlord tenant case which is being appealed second
I have a landlord tenant case which is being appealed for the second time in the second department (term) of a cooperative holdover for illegal sublet that has been going on for seven years. Over this… read more
CalAttorney2
CalAttorney2
Attorney
10,244 satisfied customers
My tenant appealed a holdover judgment and warrant that was
My tenant appealed a holdover judgment and warrant that was stayed by the appeals court. While that appeal was pending I continued to receive use and occupancy for the rental apartment for that tenant… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
I am a landlord in huntington, ny, I had a nonpayment action
I am a landlord in huntington, ny, I had a nonpayment action against a tenant that went on appeal. The appeal court gave a stay of eviction pending appeal with a monthly undertaking on the part of the… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
I have a NYC tenant which is a chronic non pay, and late pay
I have a NYC tenant which is a chronic non pay, and late pay situation. The tenant has not paid June rent. Tenant has a six month lease which ends in December 2016. The tenant has been brought to cour… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
There is acurrent pending appeal in the 3d District Court of
There is acurrent pending appeal in the 3d District Court of Appeals re the issue of title to the subject property. While it is pending a party started a UD case. The trial court refused a stay pendin… read more
Ely
Ely
Counselor at Law
Juris Doctor
1,295 satisfied customers
Sorry but a bit of background is required questions
Sorry for length but a bit of background is required questions are at the end...Judgement for Plaintiff (Landlord) in JP court eviction case. NOTE: Rental of a room in a private home and is Other than… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
I have a tenant in L&T court (Bronx). Started a nonpay in March
I have a tenant in L&T court (Bronx). Started a nonpay in March and he has not paid anything. He filed a late answer and did not show up to court. I got a partial money judgment and disposes. I filed … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I filed a motion to amend my answer which is now 4 years after
I filed a motion to amend my answer which is now 4 years after the initiation of the proceedings. This was largely due to (a) Petitioners failure to comply with subpoena of 2009 and just partial compl… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
I got a combined decision and order on a motion to quash Petitioners
I got a combined decision and order on a motion to quash Petitioners subpoena duces tecum and my motion to re-new on my motion to hold Petitioner in contempt for failure to comply with my subpoena duc… read more
CalAttorney2
CalAttorney2
Attorney
10,244 satisfied customers
I just won on appeal from a landlord tenant lower court decision
Attachment: 2012-12-10_201551_appeal_decision_2012-1127110936645.pdf Attachment: 2012-12-10_200414_appellate_term_supreme_court_motion_seeking_stay.doc I just won on appeal from a landlord tenant lowe… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
After winning a dismissal of stays of appeal, on an eviction
After winning a dismissal of stays of appeal, on an eviction from a higher court what do i then need to do to proceed with original order of eviction in metro court in NM Thank you Belen… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I have a court order telling me to leave my home on a certain
I have a court order telling me to leave my home on a certain date, but I have file an appeal from the County Court of Commom Pleas to the State Court because they said I lost my request because it sh… read more
Law Pro
Law Pro
Doctoral Degree
19,000 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