Legal Opinion
Elkort v. 490 West End Avenue Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 30, 1971PublishedCited by 5 opinions
1Opinion of the CourtEager, J.
The plaintiff’s amended complaint has been attacked by motion, on affidavits, pursuant to CPLR 3211 (subd. [a], pars. 2 and 7) and we conclude that the motion should have been granted and the complaint dismissed.
Plaintiff alleges that since 1951 he has been a statutory tenant of an apartment in a building situated in New York City and owned by defendant; that in June, 1969, a fire occurred in the building due to the negligence of the defendant and thereupon, because of building violations, the plaintiff was compelled to move and take up residence in a hotel; that the plaintiff is entitled to…
2Cases cited10 opinions
- James v. Alderton Dock Yards, Ltd.New York Court of Appeals · 1931
- Gilligan v. Tishman Realty & Construction Co.New York Court of Appeals · 1954
- Gilligan v. Tishman Realty & Construction Co.Appellate Division of the Supreme Court of the State of New York · 1953
- Utica Mutual Insurance v. Beers Chevrolet Co.Appellate Division of the Supreme Court of the State of New York · 1937
- Barbee v. 2639 Corp.Appellate Division of the Supreme Court of the State of New York · 1954
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3Cited by5 opinions
- Automated Ticket Systems, Ltd. v. QuinnAppellate Division of the Supreme Court of the State of New York · 1982
- Bartley v. WalentasAppellate Division of the Supreme Court of the State of New York · 1980
- Salvatore S. v. Anthony S.Appellate Division of the Supreme Court of the State of New York · 1977
- Alpuche v. 664 West 161st Street Tenants Ass'nAppellate Division of the Supreme Court of the State of New York · 1991
- Women's Voices for the Earth, Inc. v. Procter & Gamble Co.New York Supreme Court · 2010