Legal Opinion

409-411 Sixth Street, LLC v. Mogi

New York Court of Appeals

Decided October 10, 2013PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to the Appellate Division for further proceedings in accordance with this memorandum. The certified question should not be answered upon the ground that it is unnecessary.

Landlord 409-411 Sixth Street, LLC commenced a holdover proceeding to evict tenant Masako Mogi from her rent-stabilized apartment in New York City on the ground that she was not using the apartment as her primary residence as required by Rent Stabilization Code (9 NYCRR) § 2524.4. After a bench trial,…

2Cases cited2 opinions

  1. Thoreson v. Penthouse International, Ltd.New York Court of Appeals · 1992
  2. Claridge Gardens, Inc. v. MenottiAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by17 opinions

  1. Wieder v. Home Depot U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2022
  2. Schneider v. HanasabAppellate Division of the Supreme Court of the State of New York · 2022
  3. Second 82nd Corp. v. VeidersAppellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of 135 West. 13 LLC v. StollermanAppellate Division of the Supreme Court of the State of New York · 2017
  5. 315 W. 113th St., LLC v. TaylorAppellate Terms of the Supreme Court of New York · 2019

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