Legal Opinion

Comity Realty Corp. v. Peterson

Civil Court of the City of New York

Decided April 11, 1983PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

David B. Saxe, J.

The issue that I am asked to resolve here is whether a tenant who, as part of a stipulation, has fully paid an amount equal to the stipulated final judgment for rent arrears, may nevertheless, at some later time be evicted from her apartment on the basis of nonpayment of rent which accrued subsequent to the settlement of and was never the subject of the summary proceeding?

The stipulation in issue provided that the respondent, as a condition to the settlement of a nonpayment summary proceeding, consent to a final judgment of possession with a stay of the…

2Cases cited4 opinions

  1. In Re Estate of FrutigerNew York Court of Appeals · 1971
  2. J. A. R. Management Corp. v. FosterAppellate Terms of the Supreme Court of New York · 1980
  3. J A R Management Corp. v. FosterCivil Court of the City of New York · 1979
  4. Rosen v. HicksonCivil Court of the City of New York · 1980

3Cited by3 opinions

  1. Mandia v. King Lumber & Plywood Co.Appellate Division of the Supreme Court of the State of New York · 1992
  2. Ruppert House Co. v. AltmannCivil Court of the City of New York · 1985
  3. Watertown Housing Authority v. KirklandWatertown City Court · 2003

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