Legal Opinion

Kelly Mgt LLC v. Soltero

Civil Court of the City of New York

Decided February 11, 2010PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Paul L. Albert, J.

In this holdover summary proceeding, petitioner seeks to recover possession of apartment 5C in the building known as 758 Kelly Street in the Bronx (the premises) on the grounds that the current occupant, respondent Emilio Soltero, has no continued right to possession upon the death of the tenant of record, Carmen Medina, in May 2009.

Petitioner’s notice to vacate further asserts that respondent has no claim of succession to the rent-controlled premises since he was incarcerated from 2005 until early 2009.

Respondent moves for summary judgment, claiming that…

2Cases cited9 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
  3. Corr v. Westchester County Department of Social ServicesNew York Court of Appeals · 1973
  4. Coronet Properties Co. v. BrychovaCivil Court of the City of New York · 1983
  5. Coronet Properties Co. v. BrychovaAppellate Terms of the Supreme Court of New York · 1984

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3Cited by1 opinion

  1. 46 Downing Street LLC v. ThompsonCivil Court of the City of New York · 2013

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