Legal Opinion
Mam Properties, LLC v. Omnipoint Communications, Inc.
Appellate Terms of the Supreme Court of New York
Decided November 19, 2010Published
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Ordered that the final judgment entered March 27, 2008 is affirmed without costs; and it is further ordered that the judgment entered August 15, 2008 is reversed without costs and the award of attorney’s fees to occupant Omnipoint Communications, Inc. is vacated.
Petitioner commenced this summary proceeding to recover possession of a rooftop premises on which Omnipoint Communications, Inc. (occupant) had erected a communications tower. After a nonjury trial, a final judgment was entered in favor of occupant dismissing the petition. Following a hearing, a judgment…
2Cases cited19 opinions
- Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co.New York Court of Appeals · 1995
- J. N. A. Realty Corp. v. Cross Bay Chelsea, Inc.New York Court of Appeals · 1977
- Jones v. GianferanteNew York Court of Appeals · 1953
- Callanan v. Keeseville, Ausable Chasm & Lake Champlain RailroadNew York Court of Appeals · 1910
- RR Chester, LLC v. Arlington Building Corp.Appellate Division of the Supreme Court of the State of New York · 2005
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