Gazdo Properties Corp. v. Lava

Appellate Terms of the Supreme Court of New York

Gazdo Properties Corp. v. Lava

150 Misc. 2d 1019, 579 N.Y.S.2d 305, 1991 N.Y. Misc. LEXIS 760

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 17, 1991

StatusPublished

Cited by2 cases

This text of 150 Misc. 2d 1019 (Gazdo Properties Corp. v. Lava) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gazdo Properties Corp. v. Lava, 150 Misc. 2d 1019, 579 N.Y.S.2d 305, 1991 N.Y. Misc. LEXIS 760 (N.Y. Ct. App. 1991).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

Appeal dismissed.

An "HP” proceeding was commenced by the petitioner, the owner of two condominium apartments in a building, alleging that there were violations in the common areas and inside some of the apartments that had to be corrected. Petitioner is based in Fort Lauderdale, Florida, and the proceeding was initiated under the name of Thomas Brankovic, "VP & Secre[1020]*1020tory” of the petitioner. The court below dismissed the petition after finding that each "owner” of a condominium apartment was responsible for the repairs of its own unit and that there were no common area violations in existence at the time of the court’s decision. The court wrote a lengthy decision in support of its dismissal of the petition.

It is clear that petitioner is appealing from a "decision” since the paper appealed from does not recite the papers on which the court below determined the motion (Matter of Dondi, 63 NY2d 331, 339). No appeal would lie from a decision (Buoninfante v Hoffman, 54 AD2d 704). In addition, it is set forth that the petitioner is a corporation. As such, it can only appear by an attorney (CPLR 321). There is nothing in this record to support any allegation that Mr. Brankovic is an attorney and therefore this proceeding is not being properly maintained by one with standing to maintain it.

Monteleone, J. P., Pizzuto and Santucci, JJ., concur.

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OPINION OF THE COURT

Memorandum.

Appeal dismissed.

An "HP” proceeding was commenced by the petitioner, the owner of two condominium apartments in a building, alleging that there were violations in the common areas and inside some of the apartments that had to be corrected. Petitioner is based in Fort Lauderdale, Florida, and the proceeding was initiated under the name of Thomas Brankovic, "VP & Secre[1020]*1020tory” of the petitioner. The court below dismissed the petition after finding that each "owner” of a condominium apartment was responsible for the repairs of its own unit and that there were no common area violations in existence at the time of the court’s decision. The court wrote a lengthy decision in support of its dismissal of the petition.

It is clear that petitioner is appealing from a "decision” since the paper appealed from does not recite the papers on which the court below determined the motion (Matter of Dondi, 63 NY2d 331, 339). No appeal would lie from a decision (Buoninfante v Hoffman, 54 AD2d 704). In addition, it is set forth that the petitioner is a corporation. As such, it can only appear by an attorney (CPLR 321). There is nothing in this record to support any allegation that Mr. Brankovic is an attorney and therefore this proceeding is not being properly maintained by one with standing to maintain it.

Monteleone, J. P., Pizzuto and Santucci, JJ., concur.

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Bluebook (online)

150 Misc. 2d 1019, 579 N.Y.S.2d 305, 1991 N.Y. Misc. LEXIS 760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gazdo-properties-corp-v-lava-nyappterm-1991.

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