Legal Opinion
7 Dunham Place Realty Inc. v. Arndt
Civil Court of the City of New York
Decided November 28, 2001PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Debra Silber, J.
After trial on November 19, 2001 and November 27, 2001, *711both sides represented by counsel, this commercial (no grounds) holdover action having been tried without a jury, the court finds that a holdover petition based solely upon allegations of commercial use, in light of the facts adduced at trial, must be dismissed. This proceeding is therefore dismissed with prejudice.
Findings of Fact
The undisputed facts are as follows. Respondent rented a rent-stabilized apartment on the third floor (3R) of the premises in 1994 from the petitioner, who has owned the…
2Cases cited8 opinions
- George Backer Management Corp. v. Acme Quilting Co.New York Court of Appeals · 1978
- Kratzenstein v. Western Assurance Co. of TorontoNew York Court of Appeals · 1889
- Cale Development Co. v. Conciliation & Appeals BoardAppellate Division of the Supreme Court of the State of New York · 1983
- MSG Pomp Corp. v. DoeAppellate Division of the Supreme Court of the State of New York · 1992
- New York Overnight Partners, L. P. v. GordonAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by1 opinion
- Heller v. Middagh Street AssociatesAppellate Division of the Supreme Court of the State of New York · 2004