Legal Opinion
Cabrini Terrace Joint Venture v. O'Brien
Appellate Division of the Supreme Court of the State of New York
Decided March 11, 2010PublishedCited by 5 opinions
1Opinion of the Court
Order of the Appellate Term of the Supreme Court, First Department, entered April 30, 2009, which affirmed a judgment, Civil Court, New York County (Gerald Lebovits, J.), entered on or about March 7, 2008, after a nonjury trial, awarding petitioner possession, unanimously affirmed, without costs.
The trial court’s findings, based largely on credibility, are not against the weight of the evidence (see Thoreson v Penthouse Intl., 80 NY2d 490, 495 [1992]). The conditions in tenant’s apartment were properly found harmful to the health, safety and comfort of others based on testimony of roach and…
2Cases cited4 opinions
- Thoreson v. Penthouse International, Ltd.New York Court of Appeals · 1992
- Stratton Cooperative, Inc. v. FenerAppellate Division of the Supreme Court of the State of New York · 1995
- 12 Broadway Realty, LLC v. LevitesAppellate Division of the Supreme Court of the State of New York · 2007
- Zipper v. Haroldon Court CondominiumAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by5 opinions
- 443 East 78 Realty LLC v. TupasAppellate Terms of the Supreme Court of New York · 2015
- 222 E. 12 Realty v. Yuk Kwan SoAppellate Terms of the Supreme Court of New York · 2017
- 222 East 12 Realty v. Yuk Kwan SoAppellate Terms of the Supreme Court of New York · 2017
- Prospect Union Assoc. v. DeJesusAppellate Terms of the Supreme Court of New York · 2017
- Strata Realty Corp. v. PenaAppellate Terms of the Supreme Court of New York · 2017