Legal Opinion

South Park Associates, L.L.C. v. Renzulli

District Court, S.D. New York

Decided April 25, 2000No. 99 Civ. 8963 (SHS)Published

1Opinion of the Court

OPINION & ORDER

STEIN, District Judge.

Plaintiff South Park Associates, L.L.C. has brought this action seeking a declaratory judgment that its tenant, defendant Josephine Renzulli, may be evicted from the apartments where she lives. The parties have each moved for summary judgment. For the reasons set forth below, the landlord’s motion is denied and the tenant’s motion is granted because plaintiff has not properly terminated the tenancy as required by New York law. That portion of defendant’s motion that alleges that subject matter jurisdiction does not exist is denied.

I. Background

South Park…

2Cases cited17 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  3. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  4. Michael A. Lupo v. Human Affairs International, Inc.Court of Appeals for the Second Circuit · 1994
  5. Allen v. CoughlinCourt of Appeals for the Second Circuit · 1995

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