[*1]
Capogrosso v Johnson
2005 NYSlipOp 50736(U)
Decided on May 18, 2005
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 18, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM P. McCOOE, J.P.
HON. WILLIAM J. DAVIS
HON. PHYLLIS GANGEL-JACOB, Justices.
570019/04

Eleanor Capogrosso, Petitioner-Appellant-Cross- Respondent,

against

Robert C. Johnson, Respondent-Cross-Appellant.


Petitioner appeals from that portion of an order of the Civil Court, New York County, entered August 8, 2003 (Debra Rose Samuels, J.) which granted a cross motion by respondent Johnson for summary judgment dismissing the petition in a holdover summary proceeding. Respondent Johnson cross-appeals from so much of the aforesaid order as granted petitioner's motion to the extent of dismissing respondent's counterclaims "without prejudice".


PER CURIAM:

Order entered August 8, 2003 (Debra Rose Samuels, J.) affirmed, with $10 costs. (See Capogrosso v Liebman, appeal numbered 04-075/076, decided herewith.)

This constitutes the order of the Court.
Decision Date: May 18, 2005