12 Cited authorities

  1. Braschi v. Stahl Assocs. Co.

    74 N.Y.2d 201 (N.Y. 1989)   Cited 198 times
    Holding that, for purposes of rent regulation, gay couple was a "family"
  2. Van Amerogen v. Donnini

    78 N.Y.2d 880 (N.Y. 1991)   Cited 125 times
    Holding that exemption did not apply when owner, which rented a house to college students, used the house "solely for commercial purposes as income-producing property"
  3. In Matter of Cintron

    2010 N.Y. Slip Op. 7376 (N.Y. 2010)   Cited 58 times
    In Cintron, the Court of Appeals held that the “four-year limitations/look-back period” applicable to rent overcharge claims does not preclude the agency from considering previously issued rent reduction orders which remain in effect during that period (id. at 355–56, 912 N.Y.S.2d 498, 938 N.E.2d 931).
  4. Modell Co. v. Minister

    68 N.Y.2d 456 (N.Y. 1986)   Cited 91 times
    Holding that "a party is not free to remain silent in an action in which he is the defendant and then bring a second action seeking relief inconsistent with the judgment in the first action by asserting what is simply a new legal theory"
  5. Frank v. Meadowlakes Development Corp.

    2006 N.Y. Slip Op. 2410 (N.Y. 2006)   Cited 48 times
    In Frank, we held that CPLR article 16 limited the amount that can be recovered in indemnity when a tortfeasor's liability is 50% or less.
  6. Wellbilt Equipment Corporation v. Fireman

    275 A.D.2d 162 (N.Y. App. Div. 2000)   Cited 33 times
    In Wellbilt, the parties stipulated to discharge the lien, which then served to foreclose the ability of the defendant therein to assert a claim for willful exaggeration.
  7. People v. Smith

    139 A.D.3d 131 (N.Y. App. Div. 2016)   Cited 7 times

    3172/13, 201. 04-05-2016 The PEOPLE of the State of New York, Respondent, v. Waun SMITH, Defendant–Appellant. Richard M. Greenberg, Office of the Appellate Defender, New York (Thomas M. Nosewicz of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Ross D. Mazer and Christopher P. Marinelli of counsel), for respondent. SWEENY, J. Richard M. Greenberg, Office of the Appellate Defender, New York (Thomas M. Nosewicz of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney

  8. Edward v. New York State Division

    61 A.D.3d 404 (N.Y. App. Div. 2009)   Cited 13 times

    No. 129. April 2, 2009. Judgment, Supreme Court, New York County (Eileen Bransten, J.), entered December 26, 2007, which denied the petition challenging the determination of the Division of Housing and Community Renewal (DHCR) that rejected the tenant's rent overcharge complaint, reversed, on the law, without costs, and the petition granted to the extent of remanding to DHCR for calculation of the legal regulated rent for the subject apartment beginning in 2002, consistent with the terms of the parties'

  9. People v. Bourne

    139 A.D.2d 210 (N.Y. App. Div. 1988)   Cited 36 times
    In People v Bourne (139 A.D.2d 210, 212), the First Department, by a divided panel, held that a criminal defendant's waiver of his appellate rights as part of a negotiated plea does not bar the Appellate Division from reviewing the sentence "as a matter of discretion in the interest of justice".
  10. Jericho Water v. One Call

    2008 N.Y. Slip Op. 3995 (N.Y. 2008)   Cited 9 times

    No. 69. Argued March 19, 2008. decided May 1, 2008. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered December 12, 2006. The Appellate Division (1) reversed, on the law, so much of an order of the Supreme Court, Nassau County (Ute Wolff Lally, J.), as had (a) denied plaintiffs motion for summary judgment declaring that plaintiff is entitled to a "municipal" exemption from membership fees to the one-call