Legal Opinion
Bianco v. Sciaulino
Civil Court of the City of New York
Decided November 9, 2009PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Joseph E. Capelia, J.
According to the predicate notice, the petitioner commenced this “owner use” holdover proceeding (9 NYCRR 2524.4 [a]) to recover possession of the respondent’s rent-stabilized apartment, as part of a broader effort to convert the nine apartments in the subject building into a single family home for his family. In a pre-answer motion to dismiss, the respondent tenant, Andrew C. Sciaulino, alleges that the proceeding is not ripe for adjudication (CPLR 3211 [a] [7]), because the petitioner will not be able to effectuate the plan enunciated in his notice…
2Cases cited9 opinions
- Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
- Church of St. Paul & St. Andrew v. BarwickNew York Court of Appeals · 1986
- MATTER OF 61 JANE ST. ASSOCS. v. New York City Conciliation & Appeals Bd.New York Court of Appeals · 1985
- Pultz v. EconomakisNew York Court of Appeals · 2008
- Frank v. DaimlerChrysler Corp.Appellate Division of the Supreme Court of the State of New York · 2002
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. Maurice G.New York Supreme Court · 2011
- Rudd v. SharffCivil Court of the City of New York · 2010