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Branic International Realty Corp., Appellant,v.Phillip Pitt,, Respondent, et al., Respondents.

Brief

41 Cited authorities

  1. Bingham v. New York City Transit Auth.

    99 N.Y.2d 355 (N.Y. 2003)   Cited 75 times

    13 Argued January 14, 2003. Decided February 20, 2003. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 30, 2001, which affirmed an order of the Supreme Court (Robert Lippmann, J.), entered in New York County, granting a motion by defendants for summary judgment dismissing the complaint. Constantine P. Kokkoris, for appellant. Lawrence Heisler, for respondents. Judges Smith, Ciparick, Wesley

  2. Rent Assn. v. Higgins

    83 N.Y.2d 156 (N.Y. 1993)   Cited 85 times
    Finding no physical taking where "the challenged regulations may require the owner-lessor to accept a new occupant but not a new use of its rent-regulated property"

  3. Felske v. Hirschmann

    10 Civ. 8899 (RMB) (S.D.N.Y. Mar. 2, 2012)   Cited 42 times
    Disregarding defendants' forum non conveniens motion after granting defendants' motion to dismiss for lack of personal jurisdiction

  4. Scott v. JPMorgan Chase

    13 Civ. 646 (KPF) (S.D.N.Y. Jan. 30, 2014)   Cited 27 times
    Holding that when a party's "[m]emorandum of [l]aw does not respond to [an] argument, [the party] effectively concedes these arguments by [its] failure to respond to them."

  5. Housing Works, Inc. v. City of New York

    255 A.D.2d 209 (N.Y. App. Div. 1998)   Cited 38 times
    Noting that potential of eviction for non-payment of rent presented irreparable harm

  6. Kanti-Savita v. Santiago

    18 Misc. 3d 74 (N.Y. App. Term 2007)   Cited 23 times

    No. 2007-220 RI C. December 13, 2007. APPEAL from an order of the Civil Court of the City of New York, Richmond County (Marina Mundy, J.), entered December 15, 2006. The order granted respondents' motion to dismiss in a nonpayment summary proceeding. Maletira B. Thimmaiah, Staten Island, for appellant. Legal Aid Society, Staten Island ( Christopher Lamb of counsel), for respondents. Before: WESTON PATTERSON, J.P., GOLIA and BELEN, JJ. OPINION OF THE COURT MEMORANDUM. Order reversed without costs

  7. Matter of Davis v. Dinkins

    206 A.D.2d 365 (N.Y. App. Div. 1994)   Cited 37 times
    In Dinkins, the Court held that a similar agreement between the City and a hotel in Queens, which agreed to house up to 150 homeless families, was not a lease for the purposes of Uniform Land Use Review Procedure and for a “fair-share” hearing (id. at 366–367, 613 N.Y.S.2d 933).

  8. Starrett City v. Smith

    25 Misc. 3d 42 (N.Y. App. Term 2009)   Cited 18 times

    No. 2007-1612 K C. July 29, 2009. APPEAL from an order of the Civil Court of the City of New York, Kings County (Dawn Marie Jimenez, J.), dated September 5, 2007. The order denied respondent's motion to vacate a default judgment. Valerie A. Hawkins, Hempstead, for appellant. Gutman, Mintz, Baker Sonnenfeldt, P.C., New Hyde Park ( Gary Friedman of counsel), for respondent. Before: PESCE, P.J., GOLIA and RIOS, JJ., concur. OPINION OF THE COURT MEMORANDUM. Order affirmed without costs. Landlord is a

  9. Women's Interart Ctr., Inc. v. N.Y.C. Econ. Dev. Corp.

    97 A.D.3d 17 (N.Y. App. Div. 2012)   Cited 15 times

    2012-05-17 WOMEN'S INTERART CENTER, INC., Plaintiff, v. NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION (EDC), et al., Defendants. Women's Interart Center, Inc., Plaintiff–Respondent, v. Clinton Housing Development Fund Corp., Defendant–Appellant, City of New York, Intervenor–Appellant. Rappaport Hertz Cherson & Rosenthal, P.C., Forest Hills (Jeffrey M. Steinitz, Howard Levine and Milan Dey–Chao of counsel), for Clinton Housing Development Fund Corp., appellant. Michael A. Cardozo, Corporation Counsel

  10. Coppa v. Laspina

    41 A.D.3d 756 (N.Y. App. Div. 2007)   Cited 14 times
    Finding that the defendants could "peaceably excuse" the plaintiff from their property "without resort to legal process" because the plaintiff was a licensee

  11. Section 982.1 - Programs: purpose and structure

    24 C.F.R. § 982.1   Cited 199 times
    Describing the Section 8 program generally

  12. Section 2520.6 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2520.6   Cited 191 times

    (a) Housing accommodation. That part of any building or structure, occupied or intended to be occupied by one or more individuals as a residence, home, dwelling unit or apartment, and all services, privileges, furnishings, furniture and facilities supplied in connection with the occupation thereof. The term housing accommodation will also apply to any plot or parcel of land which had been regulated pursuant to the City of Rent Law prior to July 1, 1971, and which became subject to the RSL after June

  13. Section 2520.11 - Applicability

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2520.11   Cited 114 times
    Providing that cooperatives are exempt from regulation under the RSL “so long as they maintain [cooperative] status”

  14. Section 982.310 - Owner termination of tenancy

    24 C.F.R. § 982.310   Cited 105 times
    Providing that the owner "may take or not take the action in accordance with the owner's standards for eviction"

  15. Section 2522.5 - Lease agreements

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2522.5   Cited 60 times

    (a) Vacancy lease or rental. (1) For housing accommodations other than hotels, upon the renting of a vacant housing accommodation, the owner shall provide to the tenant a copy of the fully executed lease for a one- or two-year term, at the tenant's option (except where a mortgage or mortgage commitment existing as of April 1, 1969 prohibits the granting of one-year lease terms), bearing the signature of the owner and tenant and the beginning and ending dates of the lease term, within 30 days from

  16. Section 982.308 - Lease and tenancy

    24 C.F.R. § 982.308   Cited 37 times
    Describing lease requirements

  17. Section 2525.6 - Subletting; assignment

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2525.6   Cited 17 times

    (a) Housing accommodations subject to this Code rented by a tenant pursuant to an existing lease may be sublet in accordance with the provisions, and subject to the limitations, of section 226-b of the Real Property Law, provided that the additional provisions of this section are complied with and provided further that the tenant can establish that at all times he or she has maintained the housing accommodation as his or her primary residence and intends to occupy it as such at the expiration of

  18. Section 2524.1 - Restrictions on removal of tenant

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2524.1   Cited 15 times

    (a) As long as the tenant continues to pay the rent to which the owner is entitled, no tenant shall be denied a renewal lease or be removed from any housing accommodation by action to evict or to recover possession, by exclusion from possession, or otherwise, nor shall any person attempt such removal or exclusion from possession, except on one or more of the grounds specified in this Code. (b) It shall be unlawful for any person to remove or attempt to remove any tenant from any housing accommodation

  19. Section 982.506 - Negotiating rent to owner

    24 C.F.R. § 982.506   Cited 1 times

    The owner and the family negotiate the rent to owner. At the family's request, the PHA must help the family negotiate the rent to owner. 24 C.F.R. §982.506 63 FR 23861, Apr. 30, 1998. Redesignated at 64 FR 26648, May 14, 1999