| Lennard v Chinkpoo Realty Holding Corp. |
| 2010 NY Slip Op 03073 [72 AD3d 747] |
| April 13, 2010 |
| Appellate Division, Second Department |
| Margaret Lennard, Appellant, v Chinkpoo Realty HoldingCorp., Also Known as Chinky Poo Realty Holding Corp., et al., Defendants, and JewellProperties, Inc., et al., Respondents. |
—[*1] Jaspan Schlesinger, LLP, Garden City, N.Y. (Michael Permut, Linda S. Agnew, andChristopher D. Palmieri of counsel), for respondents Jewell Properties, Inc., Yaakow Somekh,and Nissim Somekh. Borchert, Genovesi, LaSpina & Landicino, P.C., Whitestone, N.Y. (Helmut Borchert andMark J. Krueger of counsel), for respondent 70 Hanson Place Holdings, LLC.
In an action, inter alia, to quiet title pursuant to RPAPL 1501, the plaintiff appeals from (1)so much of an order of the Supreme Court, Kings County (Martin, J.), dated October 28, 2008, asgranted the motion of the defendant 70 Hanson Place Holdings, LLC, for summary judgmentdismissing the complaint insofar as asserted against it and quieting title in its favor to realproperty located at 70 Hanson Place in Brooklyn, and granted the separate motion of thedefendants Jewell Properties, Inc., Yaakov Somekh, and Nissim Somekh, and the separatemotion of the defendant NCC Holdings, LLC, for summary judgment dismissing the complaintinsofar as asserted against them, and (2) a judgment of the same court dated January 30 2009,which, upon the order, determined that the defendant 70 Hanson Place Holdings, LLC, is vestedwith absolute title in fee to the premises, and, in effect, is in favor of the defendants JewellProperties, Inc., Yaakov Somekh, Nissim Somekh, 70 Hanson Place Holdings, LLC, and NCCHoldings LLC, and against her, dismissing the complaint. The notice of appeal from the order isdeemed also to be a notice of appeal from the judgment (see CPLR 5501 [c]).
Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is affirmed; and it is further,
Ordered that one bill of costs is awarded to the respondents appearing separately and filingseparate briefs.[*2]
The appeal from the intermediate order must bedismissed because the right of direct appeal therefrom terminated with the entry of judgment inthe action (see Matter of Aho, 39 NY2d 241, 248 [1976]). The issues raised on theappeal from the order are brought up for review and have been considered on the appeal from thejudgment (CPLR 5501 [a] [1]).
The Supreme Court properly awarded the defendants 70 Hanson Place Holdings, LLC,Jewell Properties, Inc., Yaakov Somekh, Nissim Somekh, and NCC Holdings, LLC, summaryjudgment dismissing the complaint insofar as asserted against them and determining that thedefendant 70 Hanson Place Holdings, LLC, was the lawful owner of the property located at 70Hanson Place in Brooklyn (hereinafter the property). As the record established that the plaintiff'sdecedent, William A. Colavolpe, never owned the property, the plaintiff was not entitled to therelief requested in the complaint, which was for a judgment determining that Colavolpe was therecord owner of the property (see RPAPL 1501). Furthermore, the plaintiff did not havestanding to maintain an action to quiet title pursuant to RPAPL 1501 since Colavolpe did nothave an estate or interest in the property (see Soscia v Soscia, 35 AD3d 841, 843 [2006]). Additionally, wedecline to address the plaintiff's claim, raised in her opposition papers, that title to the propertyshould revert back to a nonparty, who previously owned the property, as no such allegation wasmade with the complaint (see Macina v Macina, 60 NY2d 691 [1983]; Gro-Wit Capital, Ltd. v Obigor, LLC,63 AD3d 785 [2009]; Dominguez v Lafayette-Boynton Hous. Corp., 240 AD2d 310,312-313 [1997]).
The plaintiff's remaining contentions are without merit. Fisher, J.P., Covello, Belen and Lott,JJ., concur.