| Fontana, LLC v Antonia Martinez-bautista |
| Motion No: 2018-00935 QC |
| Slip Opinion No: 2018 NY Slip Op 74560(U) |
| Decided on May 29, 2018 |
| 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| Fontana, LLC, Respondent, v Antonia Martinez-Bautista, Appellant, et al., Occupants. |
Appeal from so much of an order of the Civil Court of the City of New York, Queens County, entered January 26, 2018, as, upon granting appellant's motion to dismiss the petition in a holdover summary proceeding, stated that "Petitioner is correct that the notice of termination does not need to contain factual allegations that respondent failed to cure regarding petitioner's nuisance claim as nuisance is not subject to cure."
On the court's own motion, it is
ORDERED that the appeal is dismissed, as no appeal lies from findings of fact and conclusions of law (see Nationstar Mtge., LLC v Guy, 140 AD3d 1131 [2016]).
ENTER:
Paul Kenny
Chief Clerk