Cox v. J.D. Realty Associates
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Rubin, J.
This action is no more than an attempt to keep a landlord-tenant dispute from being heard in Civil Court, the forum explicitly designated to entertain such proceedings (NY Const, art VI, § 15 [b]; CCA 204; see also, CCA 110). Plaintiffs have advanced no basis for injunctive and declaratory relief, their motion for summary judgment is premature and defendant landlord has not been afforded the opportunity to conduct discovery.
The only step taken thus far by defendant landlord in furtherance of recovering possession of the subject premises is the service of a 30-day…
2Cases cited33 opinions
- Rockland Light and Power Co. v. City of New YorkNew York Court of Appeals · 1942
- Braschi v. Stahl Associates Co.New York Court of Appeals · 1989
- Post v. 120 East End Avenue Corp.New York Court of Appeals · 1984
- Gaynor v. RockefellerNew York Court of Appeals · 1965
- Cier Industries Co. v. HessenAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by49 opinions
- 300 East 34th Street Co. v. HabeebAppellate Division of the Supreme Court of the State of New York · 1997
- Avon Bard Co. v. Aquarian FoundationAppellate Division of the Supreme Court of the State of New York · 1999
- Schultz v. 400 Cooperative Corp.Appellate Division of the Supreme Court of the State of New York · 2002
- North Waterside Redevelopment Co. v. FebbraroAppellate Division of the Supreme Court of the State of New York · 1998
- East 41st Street Associates v. 18 East 42nd Street, L.P.Appellate Division of the Supreme Court of the State of New York · 1998
44 more not listed; retrieve them via the Exa API.