Legal Opinion
Riverbend Housing Co. v. Stephenson
Appellate Terms of the Supreme Court of New York
Decided February 27, 1997PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order entered August 25, 1995 reversed, without costs, tenant’s motion to dismiss the petition is denied, and the petition is reinstated.
Civil Court dismissed this nonpayment proceeding upon the ground that the amount sought in the petition, representing an "equity increase” payable by the tenant shareholder over a 60-month period to fund necessary capital improvements, did not constitute rent or additional rent within the meaning of RPAPL 711 (2). The cooperators of tenant’s Mitchell-Lama housing company approved this increase, which was then authorized by the Department…
3Cited by4 opinions
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