Legal Opinion
41st RKC Tribune Associates v. Small Computer Co.
Civil Court of the City of New York
Decided November 18, 1985PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Richard S. Lane, J.
In these commercial nonpayment summary proceedings, the petition has been amended by consent to include rent through November 30, 1985. Rent through September 1985 has been paid without prejudice.
Petitioner’s prima facie case is not controverted. The defense is actual partial eviction by denial of ingress and egress.
The facts pursuant to written stipulation are as follows:
1. Respondent occupies two rooms on the twelfth floor of 230 West 41st Street for its computer-oriented business;
2. Respondent’s business requires access 24 hours a day, seven days a…
2Cases cited4 opinions
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- American Tract Society v. JonesAppellate Terms of the Supreme Court of New York · 1912
- Lawrence v. Edwin A. Denham Co.Appellate Terms of the Supreme Court of New York · 1908
- Surrey v. H. & F. Sellmann, Inc.New York Supreme Court · 1967
3Cited by4 opinions
- In Re Embers 86th Street, Inc.United States Bankruptcy Court, S.D. New York · 1995
- A&R Real Estate, Inc. v. Dorian New York LLCDistrict Court, S.D. New York · 2023
- Culver & Theisen, Inc. v. Starr Realty Co. (NE), LLCAppellate Division of the Supreme Court of the State of New York · 2005
- Zos v. The National Association of Power Engineers Educational Foundation, Inc.District Court, D. Maryland · 2025