Legal Opinion
Semans Family Ltd. Partnership v. Kennedy
Civil Court of the City of New York
Decided April 23, 1998PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Michael D. Stallman, J.
Respondents move by preanswer motion to dismiss this holdover proceeding; petitioner cross-moves for leave to discontinue without prejudice. At issue is the propriety of this residential holdover eviction proceeding based on a conditional limitation triggered by nonpayment of rent.
FACTS
On or about July 1, 1996, respondents entered into a lease with petitioner for the premises, the 6th and 7th floors in the building located at 1009 Fifth Avenue, New York, New York, for a term of seven years. The lease required petitioner to undertake substantial…
2Cases cited19 opinions
- First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
- Solow v. WellnerNew York Court of Appeals · 1995
- Matter of Brown v. . Order of ForestersNew York Court of Appeals · 1903
- Perrotta v. Western Regional Off-Track Betting Corp.Appellate Division of the Supreme Court of the State of New York · 1983
- TSS-Seedman's, Inc. v. Elota Realty Co.New York Court of Appeals · 1988
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3Cited by3 opinions
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