| First Cent. Sav. Bank v Jose Yglesia |
| Motion No: 2010-02618 sc |
| Slip Opinion No: 2013 NY Slip Op 66372(U) |
| Decided on February 27, 2013 |
| 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
ANGELA G. IANNACCI
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| First Central Savings Bank, Respondent, v Jose Yglesia, Appellant, et al., Occupants. |
Motion by appellant on an appeal from a final judgment of the District Court of Suffolk County, Fifth District, entered September 22, 2010, which appeal was determined by decision and order of this court dated October 11, 2012, for the release of funds on deposit. Cross motion by respondent for leave to appeal to the Appellate Division from the decision and order of this court and for related relief.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the funds on deposit are directed to be released to appellant Jose Yglesia, less any lawful fees; and it is further,
ORDERED that the cross motion is denied.
We note that, contrary to respondent's contention, the principle that a single summary proceeding to recover possession of real property may be maintained against a "prime tenant" of the property without the necessity of commencing separate proceedings to recover independently possessed units has no application in an RPAPL 713 (5) proceeding, which is not predicated on a landlord-tenant relationship.
ENTER:
Paul Kenny
Chief Clerk