Legal Opinion
Weinberger v. Driscoll
Civil Court of the City of New York
Decided March 7, 1977PublishedCited by 6 opinions
1Opinion of the CourtArthur E. Blyn, J.
To be or not to be, that is the question? That is the predicament faced by a tenant served with a 30-day notice where the proceeding based on such notice is terminated without removal.
Identical motion papers under both index numbers are consolidated for purposes of disposition.
The motions seek dismissal of the petitions on the grounds that petitioner has failed to give the required 30-day notice pursuant to sections 52 and 53 of the New York City Rent, Eviction and Rehabilitation Regulations.
Subdivision b of section 53 reads as follows:
"§ 53. Notices required in proceedings under section 52.…
2Cases cited5 opinions
- Haberman v. WagerCivil Court of the City of New York · 1973
- Arol Development Corp. v. Goodie Brand Packing Corp.Appellate Terms of the Supreme Court of New York · 1975
- Colavolpe v. WilliamsCivil Court of the City of New York · 1974
- Arol Development Corp. v. Goodie Brand Packing Corp.Civil Court of the City of New York · 1975
- Brullo v. SuenCivil Court of the City of New York · 1973
3Cited by6 opinions
- Kaycee West 113th Street Corp. v. DiakoffAppellate Division of the Supreme Court of the State of New York · 1990
- Nicolaides v. State of New York Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1996
- Mau v. StapletonCivil Court of the City of New York · 1987
- Grabino v. Howard Stores Corp.Civil Court of the City of New York · 1981
- Fromme v. SimsarianCivil Court of the City of New York · 1983
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