Landlord Can't Appeal

July 31, 1994

LVT Number: 8988

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to rule that the 1987 rent registration stated the base rent for purposes of calculating future rent increases. The court agreed. Landlord appealed, and lost. The trial court's order wasn't appealable. It was merely an intermediate ruling regarding the proof to be used at trial.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to rule that the 1987 rent registration stated the base rent for purposes of calculating future rent increases. The court agreed. Landlord appealed, and lost. The trial court's order wasn't appealable. It was merely an intermediate ruling regarding the proof to be used at trial.

178 Realty Assoc. v. Rivera: NYLJ, p. 30, col. 3 (7/7/94) (App. T. 2 Dept.; Kassoff, JP, Scholnick, Chetta, JJ)

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