Legal Opinion
Herbert Paul, CPA, P.C. v. 370 Lex, L.L.C.
New York Supreme Court
Decided March 2, 2005PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Richard F. Braun, J.
Plaintiff is suing defendants for damages for breach of the covenant of quiet enjoyment, pursuant to the New York City Smoke-Free Air Act (Administrative Code of City of NY, tit 17, ch 5 “and/or” Public Health Law art 13-E), and for nuisance. Defendants 370 Lexington Avenue, LLC and Murray Hill Property Management, Inc. moved for summary judgment dismissing the complaint and all cross claims. By stipulation, the branch of the motion addressed to cross claims was withdrawn.
Plaintiff is a New York state professional corporation that had an office at 370…
2Cases cited9 opinions
- Fifth Avenue Building Co. v. . KernochanNew York Court of Appeals · 1917
- Dave Herstein Co. v. Columbia Pictures Corp.New York Court of Appeals · 1958
- Dinicu v. Groff Studios Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Borchardt v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1984
- Borchardt v. New York Life InsuranceNew York Court of Appeals · 1984
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Schuman v. Greenbelt Homes, Inc.Court of Special Appeals of Maryland · 2013
- Ewen v. MaccheroneAppellate Terms of the Supreme Court of New York · 2011
- Duntley v. BarrSyracuse City Court · 2005