Toriola v. Kahen

Appellate Division of the Supreme Court of New York

Toriola v. Kahen

300 A.D.2d 650, 752 N.Y.S.2d 704

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 30, 2002

StatusPublished

Cited by2 cases

This text of 300 A.D.2d 650 (Toriola v. Kahen) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Toriola v. Kahen, 300 A.D.2d 650, 752 N.Y.S.2d 704 (N.Y. Ct. App. 2002).

Pincite

Opinion

—In an action, in effect, among other things, to vacate a judgment of possession of the Civil Court, Queens County, entered March 29, 2001, in a proceeding entitled Matter of Kahen v Woutersz, filed under Index No. 57859/01, the plaintiff appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated June 28, 2001, which, inter alia, in effect, dismissed the action.

Ordered that the order is affirmed, with costs.

Since the eviction proceeding based on nonpayment of rent involving the parties herein was commenced in the Civil Court, Queens County, any proceedings challenging, inter alia, the judgment of possession should have been made before that court or the Appellate Term. Accordingly, under the circumstances, the Supreme Court providently exercised its discretion in dismissing this action. Feuerstein, J.P., Krausman, Luciano, Townes and Cozier, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—In an action, in effect, among other things, to vacate a judgment of possession of the Civil Court, Queens County, entered March 29, 2001, in a proceeding entitled Matter of Kahen v Woutersz, filed under Index No. 57859/01, the plaintiff appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated June 28, 2001, which, inter alia, in effect, dismissed the action.

Ordered that the order is affirmed, with costs.

Since the eviction proceeding based on nonpayment of rent involving the parties herein was commenced in the Civil Court, Queens County, any proceedings challenging, inter alia, the judgment of possession should have been made before that court or the Appellate Term. Accordingly, under the circumstances, the Supreme Court providently exercised its discretion in dismissing this action. Feuerstein, J.P., Krausman, Luciano, Townes and Cozier, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

300 A.D.2d 650, 752 N.Y.S.2d 704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toriola-v-kahen-nyappdiv-2002.

Opinion

Related

Cite This Page — Counsel Stack