Opinion
570895/03.
Decided May 11, 2004.
Landlord appeals from an order of the Civil Court, New York County, dated June 4, 2003 (Inez Hoyos, J.) denying her motion to reargue a prior order which had denied landlord's oral application to amend the nonpayment petition.
Order dated June 4, 2003 (Inez Hoyos, J.) affirmed, with $10 costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. WILLIAM J. DAVIS, Justices.
Although the court's order "denied" the landlord's motion to reargue, the court apparently rejected the landlord's argument on the merits and, indeed, considered procedural events postdating the denial of the landlord's initial, oral application to amend the nonpayment petition. In such circumstances, the order, whether it effectively granted reargument or treated the motion as one for renewal, is appealable ( see, Premier Capital v. Damon Realty Corp., 299 AD2d 158; Sementilli v. Ruscigno, 286 AD2d 242). The landlord's substantive arguments on appeal are, however, without merit. No basis was shown to allow the landlord to amend the nonpayment petition to include a claim for rent arrears covered by the final judgment issued in the prior nonpayment proceeding between the parties and "deemed satisfied" therein ( Fenwick v. Price, NYLJ, Feb. 1, 2001, at 28 col 2 [App Term, 1st Dept], lv denied 2001 NY App Div LEXIS 7157 [June 14, 2001]).
This constitutes the decision and order of the court.