Legal Opinion

Damato v. Wallbank Realty Corp.

New York Supreme Court

Decided February 7, 1962PublishedCited by 5 opinions

1Opinion of the CourtYin cent A. Lupiano, J.

Motions numbered 116 and 134 of even date, for summary judgment, are consolidated and shall be disposed together. Companion motions to amend the complaints have been withdrawn.

Plaintiffs, in these separate actions, were at one time statutory tenants of the corporate defendant. One plaintiff occupied a store, the other a residential unit. They seek damages for wrongful eviction from their premises alleging that the eviction proceedings were not brought in good faith. The instant actions, which follow, have statutory sanction where a landlord fails to proceed with, or complete, a proposed…

2Cases cited1 opinion

  1. Sherill Hardwood Lumber Co. v. New York Bottle Box Co.New York Supreme Court · 1922

3Cited by5 opinions

  1. Flute, Inc. v. RubelDistrict Court, S.D. New York · 1988
  2. Hartley v. Esposito (In re Hartley)District Court, S.D. New York · 2012
  3. Finkel v. Carol Management Corp.New York Supreme Court · 1971
  4. Maynard v. GreenbergAppellate Division of the Supreme Court of the State of New York · 1993
  5. Queenan v. FrishwasserNew York Supreme Court · 1969

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