Legal Opinion
30 Carmine LLC v. Depierro
Civil Court of the City of New York
Decided March 10, 2005PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Ellen Gesmer, J.
In this commercial holdover proceeding, petitioner seeks possession of the store which respondents have occupied for the last 15 years. Petitioner claims that respondents have no lease and that petitioner has validly terminated respondents’ month-to-month tenancy. Respondents’ defense is that they have a valid lease, which was signed by Armand Chiofalo, the managing agent of petitioner’s predecessor. In reply, petitioner argues that the lease respondents rely on is void under the statute of frauds for two reasons: first, the rider to the lease, which sets…
2Cases cited25 opinions
- Joseph Martin, Jr., Delicatessen, Inc. v. SchumacherNew York Court of Appeals · 1981
- Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
- Burns v. . McCormickNew York Court of Appeals · 1922
- Holm v. C.M.P. Sheet Metal, Inc.Appellate Division of the Supreme Court of the State of New York · 1982
- Henry L. Fox Co. v. William Kaufman Organization, Ltd.New York Court of Appeals · 1989
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3Cited by3 opinions
- Stojowski v. D'SaAppellate Division of the Supreme Court of the State of New York · 2006
- In Re CohenDistrict Court, E.D. New York · 2010
- Cohen v. Treuhold Capital Group, LLCDistrict Court, E.D. New York · 2010