Leszek Siedlecki v Susuan Doscher & William Doscher
Motion No: 2010-00887 kc
Slip Opinion No: 2011 NY Slip Op 61823(U)
Decided on January 14, 2011
Appellate Term, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

JOSEPH G. GOLIA, J.P.

MICHAEL L. PESCE

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

2010-887 K C
Leszek Siedlecki, Appellant, v Susuan Doscher and William Doscher, Respondents, et al., Undertenants.

Motion by appellant on an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 20, 2010, for an order directing the payment of use and occupancy.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied without prejudice to appellant's commencement of an action for the relief sought (see 1035 Washington Realty, LLC v Grange, 2009 NY Slip Op 86385[U] [App Term, 2d, 11th and 13th Jud Dists 2009]; 17th Holding v Rivera, NYLJ, Aug. 15, 2002 [App Term, 2nd & 11th Jud Dists]).

ENTER:

Marsha L. Steinhardt

Associate Justice