From Casetext: Smarter Legal Research

South Street Ltd. Partnership v. Jade Sea Restaurant, Inc.

Appellate Division of the Supreme Court of New York, First Department
Nov 24, 1992
187 A.D.2d 397 (N.Y. App. Div. 1992)

Opinion

November 24, 1992

Appeal from the Supreme Court, New York County (David B. Saxe, J.).


The parties having moved and cross moved to confirm the Special Referee's report without questioning his recommendation with respect to the amount in which use and occupancy should be fixed, the IAS Court's adoption of that recommendation should not be reviewed on appeal (see, Matter of Angel Fabrics [Cravat Pierre], 51 A.D.2d 951, 952). In any event, we have reviewed the record of the hearing before the Special Referee and find no reason why his report should not have been confirmed (see, Namer v 152-54-56 W. 15th St. Realty Corp., 108 A.D.2d 705). We modify because in an action to recover possession of real property, damages for the withholding of the property, including the value of use and occupancy are recoverable (RPAPL 601; Rae v Sutbros Realty Corp., 6 A.D.2d 716, amended 6 A.D.2d 718, affd 6 N.Y.2d 963), from the time the tenant begins to hold over without the landlord's consent (see, Beacway Operating Corp. v Concert Arts Socy., 123 Misc.2d 452). The record supports plaintiff's claim that defendant began to hold over on March 1, 1991.

Concur — Carro, J.P., Milonas, Ellerin, Wallach and Kupferman, JJ.


Summaries of

South Street Ltd. Partnership v. Jade Sea Restaurant, Inc.

Appellate Division of the Supreme Court of New York, First Department
Nov 24, 1992
187 A.D.2d 397 (N.Y. App. Div. 1992)
Case details for

South Street Ltd. Partnership v. Jade Sea Restaurant, Inc.

Case Details

Full title:SOUTH STREET LIMITED PARTNERSHIP, Respondent, v. JADE SEA RESTAURANT…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 24, 1992

Citations

187 A.D.2d 397 (N.Y. App. Div. 1992)
590 N.Y.S.2d 209

Citing Cases

Trafalgar Co. v. Malone

Lispenard Studio Corp v. Loeb, 2016 WL 3036616 (Civ Ct, NY Cty 2016) The cases relied on by petitioner,…

Top Value Homes v. Cont'l Petro. Corp.

In the instant case, the respondent contends that two (2) rent checks for the months of December 2003 and…