Legal Opinion

Santa Cecilia v. Irizarry

Appellate Terms of the Supreme Court of New York

Decided May 17, 2001Published

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Order unanimously reversed with $10 costs, defendants’ cross motion for summary judgment denied, plaintiffs motion for summary judgment granted to the extent of awarding plaintiff summary judgment on the issue of liability, and matter remanded for an assessment of damages.

In August 1999, defendant 352 Bedford Avenue Realty Corp. commenced a holdover proceeding against plaintiff, a tenant in its building. The petition alleged, inter alia, that plaintiffs apartment was not subject to rent stabilization because it was contained in a building that was substantially…

2Cases cited16 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. Arnett v. KennedySupreme Court of the United States · 1974
  3. Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
  4. Kovarsky v. Housing & Development AdministrationNew York Court of Appeals · 1972
  5. MATTER OF JUAN C. v. CortinesNew York Court of Appeals · 1997

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