Legal Opinion

James Pinto Photography, Ltd. v. Sheppard

Civil Court of the City of New York

Decided July 14, 2006Published

1Opinion of the Court

OPINION OF THE COURT

Jack M. Battaglia, J.

In this commercial holdover proceeding, petitioner James Pinto Photography, Ltd. seeks to recover possession of premises described as “all rooms, First Floor, 7513 13th Avenue, Brooklyn,” occupied by respondents Constance Sheppard and Sheppard Music School, Inc. Asserting that the premises are held “under monthly hiring,” petitioner served a 30-day notice that purports to terminate respondents’ tenancy as of January 31, 2006. Respondents contend that they hold the premises pursuant to a written lease that does not expire until July 31, 2010.…

2Cases cited54 opinions

  1. First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
  2. J. N. A. Realty Corp. v. Cross Bay Chelsea, Inc.New York Court of Appeals · 1977
  3. Nobu Next Door, LLC v. Fine Arts Housing, Inc.New York Court of Appeals · 2005
  4. Jefpaul Garage Corp. v. Presbyterian HospitalNew York Court of Appeals · 1984
  5. Post v. 120 East End Avenue Corp.New York Court of Appeals · 1984

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