Legal Opinion
Demler v. Bing & Bing Mgmt, Inc.
New York Supreme Court
Decided October 31, 1982PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Stanley L. Sklar, J.
THE ISSUE
The issue presented is whether a tenant has presented a justiciable claim entitling him to a “Yellowstone” injunction extending his time to cure an alleged default under his lease resulting from his use of the premises as his residence, when he is willing to pay the entire cost of amending the certificate of occupancy of the premises so as to cure the alleged default. The court holds that the tenant has made the necessary showing of a justiciable claim entitling him to a preliminary injunction.
THE FACTS
On October 10, 1974, the landlord of the…
2Cases cited9 opinions
- First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
- Podolsky v. HoffmanAppellate Division of the Supreme Court of the State of New York · 1981
- Finley v. Park Ten AssociatesAppellate Division of the Supreme Court of the State of New York · 1981
- Childress v. LipkisAppellate Division of the Supreme Court of the State of New York · 1979
- Runes v. Douglas Elliman-Gibbons & IvesAppellate Division of the Supreme Court of the State of New York · 1981
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- New York City Constr., Inc. v. Morgenstern Bros. Realty Inc.New York Supreme Court · 2016