Legal Opinion

Widerker v. Castro

Civil Court of the City of New York

Decided March 5, 2001Published

1Opinion of the Court

*572OPINION OF THE COURT

Johnny L. Baynes, J.

The petitioners landlords in this RPAPL article 7 licensee holdover proceeding have moved this Court for an order granting a final judgment of possession by summary judgment pursuant to CPLR 3212, and the scheduling of a hearing to determine an award of use and occupancy pendente lite. Respondents have submitted a cross motion seeking dismissal of the proceeding pursuant to CPLR 3211 (a) (7). Both parties’ attorneys have submitted reply affirmations in opposition to the respective motions.

Upon reviewing the motions, their supporting affidavits and…

2Cases cited4 opinions

  1. Phelan v. . BradyNew York Court of Appeals · 1890
  2. 52 Riverside Realty Co. v. EbenhartAppellate Division of the Supreme Court of the State of New York · 1986
  3. Capone v. WeaverNew York Court of Appeals · 1959
  4. Forbes v. LomazowAppellate Division of the Supreme Court of the State of New York · 1964

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