Legal Opinion

Green Point Savings Bank v. Defour

New York Supreme Court

Decided June 9, 1994PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Irving S. Aronin, J.

Marco Berry, a tenant of the basement premises at 108 St. James Place, Brooklyn, New York, moves pursuant to CPLR *4775015 for an order staying the Sheriff from executing a writ of assistance against him or any member of his household.

The facts preceding this litigation follow. Plaintiff, Green Point Savings Bank (Green Point), commenced a foreclosure proceeding in August 1990 against Maurice E. Defour, owner of 108 St. James Place, Brooklyn. On or about February 16, 1991, Berry entered into a one-year lease for a basement apartment at the subject…

2Cases cited8 opinions

  1. Polish National Alliance of Brooklyn, U.S.A. v. White Eagle Hall Co.Appellate Division of the Supreme Court of the State of New York · 1983
  2. Scharaga v. SchwartzbergAppellate Division of the Supreme Court of the State of New York · 1989
  3. Gibbs v. KinseyAppellate Division of the Supreme Court of the State of New York · 1991
  4. Westchester Federal Savings & Loan Ass'n v. H.E.W. Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1968
  5. Empire Savings Bank v. Towers Co.Appellate Division of the Supreme Court of the State of New York · 1976

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3Cited by3 opinions

  1. Nationwide Associates, Inc. v. BrunneAppellate Division of the Supreme Court of the State of New York · 1995
  2. SI Bank & Trust v. SheriffAppellate Division of the Supreme Court of the State of New York · 2002
  3. Nomura Home Equity Loan Inc. v. VacchioNew York Supreme Court · 2008

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