Legal Opinion
Kaycee West 113th Street Corp. v. Diakoff
Appellate Division of the Supreme Court of the State of New York
Decided April 24, 1990PublishedCited by 17 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Irma Vidal Santaella, J.), entered April 21, 1989, which, inter alia, denied defendant’s motion for summary judgment, unanimously reversed, with costs.
In this landlord-tenant nonprimary residence action for a declaratory judgment, the IAS court denied defendant’s motion for summary judgment, finding that there were issues of fact concerning the substantive issue of whether the defendant occupied the apartment as his primary residence.
Since we find that the plaintiff landlord’s action is procedurally infirm, we reverse and dismiss.
Defendant has resided…
2Cases cited4 opinions
- Post v. 120 East End Avenue Corp.New York Court of Appeals · 1984
- Haberman v. WagerCivil Court of the City of New York · 1973
- First Sterling Corp. v. ZurkowskiNew York Supreme Court · 1989
- Weinberger v. DriscollCivil Court of the City of New York · 1977
3Cited by17 opinions
- Berkeley Associates Co. v. CamlakidesAppellate Division of the Supreme Court of the State of New York · 1991
- Waterbury Twin, LLC v. Renal Treatment Centers-Northeast, Inc.Supreme Court of Connecticut · 2009
- Nicolaides v. State of New York Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1996
- Dominguez v. CorniellAppellate Terms of the Supreme Court of New York · 1990
- Bellstell 140 East 56th Street, L. L. C. v. LaytonCivil Court of the City of New York · 1999
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