Legal Opinion

Smilow v. Ulrich

Civil Court of the City of New York

Decided December 1, 2005PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Gerald Lebovits, J.

I. Background

Petitioner, Marc Smilow, brought this owner’s use holdover proceeding to recover possession of respondent’s rent-stabilized apartment, which is located at 26 West 87th Street in New York County. Petitioner purportedly intends to convert the building — including all the rent-regulated apartments in the building — into a single-family home for himself, his wife, and his two young children.

Respondent moves under CPLR 408 for leave in this special proceeding to serve on petitioner a document-production demand and a request to depose Jill Smilow,…

2Cases cited15 opinions

  1. Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
  2. Rosenbluth v. FinkelsteinNew York Court of Appeals · 1950
  3. New York University v. FarkasCivil Court of the City of New York · 1983
  4. Antillean Holding Co. v. LindleyCivil Court of the City of New York · 1973
  5. 42 West 15th Street Corp. v. FriedmanAppellate Terms of the Supreme Court of New York · 1955

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3Cited by1 opinion

  1. Free Park Associates v. CepedaNassau County District Court · 2017

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