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Cases of Interest


 
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10th Street West Village, LLC v. Miller

Judgment awarded against tenant in illegal basement unit .
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3965 Amboy Road Inc. v. Randazzo Pastry Shop

Once warrant issues, landlord is not obligated to accept rent monies .
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Abdul v. Hirschfield

Owner may be liable for contractor's injuries even when 7A Administrator is running the building .
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Babalola v. B.Y. Equities Inc.

District Court lacked jurisdiction to entertain evicted tenant's claim of alleged civil rights violations.
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Baginski v. Lysiak

Mere acceptance of rent after the expiration of a lease cannot be deemed an automatic renewal of the lease.
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Bonior v. Citibank, N.A.

Court awards damages against bank which took advantage of a borrower who did not have an attorney for a real estate refinancing.
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Bragston Realty v. Dixon

Filing of a late apartment registration does not extend the statute of limitations on a rent overcharge claim.
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Glick v. Cuevas

Landlord prevails on appeal on claim that tenant use of an illegal connection to install washing machine in apartment constituted a nuisance .
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In the Matter of Bridgeview v. DHCR

Tenancies found to be rent stabilized after 30 years .
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In Re: Dabrowski (Bankruptcy)

Discharge of Debtor in Bankruptcy Court only bars the entry of a money judgment in Civil Court and not the tenant's eviction for failure to pay pre-petition rent.
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Dulac v. Dabrowski (Housing)

The court properly found Landlord was entitled to commence non-payment summary proceeding to recover possession notwithstanding discharge in bankruptcy, since the discharge only precluded entry of a money judgment.
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Farrell v. Cassano & Goldfarb

The Second Circuit Court of Appeals found that the lower court properly granted defendant's motion for summary judgment on civil rights violations, finding that the judgment on default in Civil Court did not have a res judicata effect.
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In Re: Yvonne France

Penalties awarded against non-attorney bankruptcy petition preparer who solicited owners in foreclosure .
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In Re: Martinez v. Jacobson

Court must enter a judgment pursuant to a Stipulation of Settlement , even though the stipulation was not "so-ordered", as the entry of the judgment is ministerial and not discretionary.
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Mason v. Stokes

Appellate Court affirmed granting of Summary judgment and cancellation of recorded deeds.
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Meaders v. Jones

Tenant's motion to vacate a Housing Court stipulation requiring vacatur of illegal residential apartment denied.
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In the Matter of Mennella v. Lopez-Torres

The Court of Appeals affirmed that a Civil Court Judge has no discretion to add her own individualized protections as a condition precedent to execution of a warrant of eviction.
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Nii v. Quinn

Tenant's motion to vacate a stipulation requiring him to vacate space used as illegal residence properly denied.
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Novack v. 50 Plaza Company

Lower court properly found that a Tenant was entitled to purchase apartment at insider's price, notwithstanding that tenant had sublet the apartment and was residing elsewhere.
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Sinanovic v. Mckay

Court Allows owner to terminate 30+ year tenancy to recover apartment for personal use .
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V.A.T. Collision Corp. v. 1783 84th Street Realty Corp.

Parol evidence concerning intention of parties at the time of lease execution is barred when the lease is clear and unambiguous on its face.
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Wen v. Chu

Eviction predicated on a Notice to Quit from a prior, dismissed proceeding was wrongful .
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Whitney v. Greater New York Corporation of Seventh Day Adventists

Federal Court properly has jurisdiction over Civil Rights Act prohibiting discriminatory employment practices.
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