Legal Opinion

Saad v. Elmuza

Appellate Terms of the Supreme Court of New York

Decided May 17, 2006PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Final judgment affirmed without costs.

In this holdover proceeding based upon a 30-day notice terminating what landlord alleges to be a month-to-month tenancy, tenant claims that she is protected under rent control. After trial, the court dismissed the petition, finding that tenant, who is currently in possession of the second-floor apartment, was in possession of the first-floor apartment prior to June 1, 1971 and that she retained her rent-controlled status when she relocated to the subject second-floor apartment at the request, and for the benefit, of the…

2Cases cited5 opinions

  1. Duell v. CondonNew York Court of Appeals · 1995
  2. Feder v. CaliguiraNew York Court of Appeals · 1960
  3. Century Operating Corp. v. PopolizioNew York Court of Appeals · 1983
  4. Capone v. WeaverNew York Court of Appeals · 1959
  5. Posalski v. State of New York Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by2 opinions

  1. 91 Real Estate Associates LLC v. EskinAppellate Terms of the Supreme Court of New York · 2014
  2. Lana & Edward's Realty v. LipariCivil Court of the City of New York · 2009

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