§Why CasetextPricing

433 Sutton Corp. Appellant,v.Robert Broder, Respondent.

Brief

9 Cited authorities

  1. Claridge Gardens, Inc. v. Menotti

    160 A.D.2d 544 (N.Y. App. Div. 1990)   Cited 553 times

    April 19, 1990 Appeal from the Supreme Court, First Department, Parness, J.P., Miller and McCooe, JJ. The tenant is a well-known musician who spends relatively little time in the subject apartment. While that, alone, is not a sufficient basis for a finding of nonprimary residence (Coronet Props. Co. v. Brychova, 122 Misc.2d 212, affd 126 Misc.2d 946), the trial court's determination was not based merely on the amount of time the tenant spent in the apartment. Competent evidence in the record supports

  2. Thoreson v. Penthouse Intl

    80 N.Y.2d 490 (N.Y. 1992)   Cited 422 times
    Relying on expressio unius, statutory language, and legislative history to foreclose expansion of listed damages remedies

  3. Solow v. Wellner

    86 N.Y.2d 582 (N.Y. 1995)   Cited 151 times
    In Solow v Wellner (86 NY2d 582, 587-588), the Court said "[p]ursuant to Real Property Law § 235-b, every residential lease contains an implied warranty which is limited by its terms to three covenants: (1) that the premises are `fit for human habitation', * * * and (3) that the occupants will not be subjected to conditions that are `dangerous, hazardous or detrimental to their life, health or safety.'"

  4. Matter of Duell v. Condon

    84 N.Y.2d 773 (N.Y. 1995)   Cited 106 times
    In Duell, the landlord argued that the underlying eviction proceeding fell outside the scope of Real Property Law § 234 because the proceeding was based on the tenant's failure to occupy the premises as a primary residence, a requirement mandated by law, not by the terms of the lease.

  5. Excelsior 57th Corp. v. Winters

    227 A.D.2d 146 (N.Y. App. Div. 1996)   Cited 76 times
    Finding the petitioner-landlord was the prevailing party, upon the court's determination of entitlement of approximately 50 of 54 months of rent arrearages from the tenant, and tenant having received only four and a half months of rent abatement after having sought 24 months

  6. 409-411 Sixth Street, LLC v. Mogi

    2013 N.Y. Slip Op. 6604 (N.Y. 2013)   Cited 33 times

    10-10-2013 409–411 SIXTH STREET, LLC, Appellant, v. Masako MOGI, Respondent. Belkin Burden Wenig & Goldman, LLC, New York City (Magda L. Cruz of counsel), for appellant. De Castro Law Firm, Woodside (Steven M. De Castro of counsel), for respondent. Belkin Burden Wenig & Goldman, LLC, New York City (Magda L. Cruz of counsel), for appellant. De Castro Law Firm, Woodside (Steven M. De Castro of counsel), for respondent. OPINION OF THE COURT MEMORANDUM. The order of the Appellate Division should be reversed

  7. Solow v. Wellner

    205 A.D.2d 339 (N.Y. App. Div. 1994)   Cited 42 times

    June 9, 1994 Appeal from the Supreme Court, First Department, Ostrau, P.J., Riccobono, Parness, JJ. While we agree with Appellate Term's determination (see, 154 Misc.2d 737, supra) as to the appropriate standard for, and application of, the implied warranty of habitability pursuant to Real Property Law § 235-b and Park W. Mgt. Corp. v. Mitchell ( 47 N.Y.2d 316, cert denied 444 U.S. 992), inasmuch as both the common law and statutory remedies were not intended to correspond to subjective contractual

  8. Stones Assoc. v. Seymour

    48 A.D.3d 581 (N.Y. App. Div. 2008)   Cited 21 times
    In Seymour, the renewal lease was offered after the tenancy was deemed to be legally terminated, i.e., by issuance of the warrant of eviction pursuant to RPAPL § 749(3), which was the law prior to enactment of the Housing Stability and Tenant Protection Act of 2019 ("HSTPA").

  9. J.J. P. CORP. v. DUNE DECK OWNERS CORP

    10 Misc. 3d 129 (N.Y. App. Term 2005)   Cited 4 times

    November 23, 2005. Condominiums and Cooperatives — Proprietary Lease — Maintenance Arrears — Attorneys' Fees. Real Property Law — § 234 (Tenants' right to recover attorneys' fees in actions or summary proceedings arising out of leases of residential property).