Opinion
November 28, 1994
Appeal from the Supreme Court, Nassau County (Kohn, J.).
Ordered that the cross appeal is dismissed, without costs or disbursements; and it is further,
Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.
The cross appeal by the defendant Parochial Bus System, Inc. (hereinafter Parochial) must be dismissed, inasmuch as no appeal as of right lies from an order which fails to decide a motion (see, CPLR 5701 [a] [2] [v]; see, e.g., Kromholz v. Notey, 121 A.D.2d 668; Stewart v. County of Nassau, 120 A.D.2d 516; Abrahamsen v. Brockway Glass Co., 119 A.D.2d 612). Contrary to Parochial's characterization of the record, the Supreme Court neither considered nor decided the motion for summary judgment. Rather, after granting consolidation and placing venue of the action in Bronx County, the court advised Parochial that its motion could be presented to the Supreme Court, Bronx County.
We find unpersuasive the contention of the plaintiff Avis Rent-A-Car System, Inc. (hereinafter Avis) that the court erred in placing venue of the consolidated actions in Bronx County. Parochial's allegations to the effect that Avis committed acts of waste with respect to the leasehold premises and interfered with its possession of the property by failing to remove a holdover tenant are arguably sufficient to support the Supreme Court's determination that venue should be placed in Bronx County pursuant to CPLR 507 on the ground that the actions would affect the possession, use, or enjoyment of real property located therein (see generally, Slutsky v. Roc-Le Triomphe Assocs., 129 A.D.2d 879; Moschera Catalano v. Advanced Structures Corp., 104 A.D.2d 306; Spellman Food Servs. v. Patrick, 90 A.D.2d 791; Arnold Constable Corp. v. Staten Is. Mall, 61 A.D.2d 826; see also, 2 Weinstein-Korn-Miller, N.Y. Civ Prac ¶¶ 507.03-507.05). Accordingly, under the circumstances presented, we discern no basis for disturbing the Supreme Court's resolution of the venue issue. Sullivan, J.P., Balletta, Joy and Altman, JJ., concur.