Tenant Can't Appeal Reinstatement of Landlord's Attorneys

February 11, 2013

LVT Number: #24625

Landlord sued to evict tenant. Tenant asked the court to disqualify landlord's attorneys from representing landlord in the proceeding based on a claimed conflict of interest. The court ruled for tenant. Landlord appealed, and its attorneys were reinstated. Tenant then appealed to a higher court. The appeals court ruled against tenant. By the time tenant's appeal was heard, the eviction case had been tried and the housing court had ruled for landlord.

Landlord sued to evict tenant. Tenant asked the court to disqualify landlord's attorneys from representing landlord in the proceeding based on a claimed conflict of interest. The court ruled for tenant. Landlord appealed, and its attorneys were reinstated. Tenant then appealed to a higher court. The appeals court ruled against tenant. By the time tenant's appeal was heard, the eviction case had been tried and the housing court had ruled for landlord. Tenant's right to appeal from the housing court's intermediate decision didn't survive entry of final judgment in the case.

MH Residential 1, LLC v. Barrett: 2013 NY Slip Op 00393, NYLJ No. 1202585985734 (App. Div. 1 Dept.; 1/28/13; Tom, JP, Saxe, Moskowitz, Abdus-Salaam, Gische, JJ)

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