Legal Opinion
Emel Realty Corp. v. Carey
Appellate Terms of the Supreme Court of New York
Decided April 6, 2001PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Final judgment entered on or about April 26, 1999 reversed, with $30 costs, and final judgment of possession is awarded in favor of landlord on the holdover petition.
In this summary holdover proceeding to recover possession of a rent-stabilized apartment on nonprimary residence grounds, Civil Court made the following findings of fact after trial: (1) the tenant is “underutilizing” the subject West 75th Street apartment, having stayed overnight at the premises only seven times between April 1997 and May 1998; (2) tenant’s friend, respondent undertenant Larsson, resided in…
3Cases cited11 opinions
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Claridge Gardens, Inc. v. MenottiAppellate Division of the Supreme Court of the State of New York · 1990
- Berwick Land Corp. v. MucelliAppellate Division of the Supreme Court of the State of New York · 1998
- Sharp v. MelendezAppellate Division of the Supreme Court of the State of New York · 1988
- Coronet Properties Co. v. BrychovaCivil Court of the City of New York · 1983
6 more not listed; retrieve them via the Exa API.
4Cited by7 opinions
- Rocky 116 L.L.C. v. WestonAppellate Terms of the Supreme Court of New York · 2003
- Toa Construction Co. v. TsitsiresCivil Court of the City of New York · 2005
- Emel Realty Corp. v. CareyAppellate Terms of the Supreme Court of New York · 2000
- 200 East 27th LLC v. Schiffmiller-NachshenNew York Supreme Court · 2005
- 409-411 Sixth Street, LLC v. MogiAppellate Division of the Supreme Court of the State of New York · 2012
2 more not listed; retrieve them via the Exa API.