Legal Opinion
Schuller v. D'Angelo
New York Supreme Court
Decided January 18, 1983PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Martin Evans, J.
This plaintiff tenant’s motion seeks, inter alia, an injunction tolling the period in which she can cure an alleged default, and restraining defendant landlord from serving a notice of termination. It requires the court to re-examine the Yellowstone doctrine in light of the new amendment to the RPAPL. (See First Nat. Stores v Yellowstone Shopping Center, 21 NY2d 630; RPAPL 753, subd 4, as added by L 1982, ch 870, § 2, eff July 29, 1982.)
Plaintiff Schuller is the tenant of an apartment in a building owned by defendant. She occupies the premises under a lease…
2Cases cited4 opinions
- First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
- Finley v. Park Ten AssociatesAppellate Division of the Supreme Court of the State of New York · 1981
- Health N Sports, Inc. v. Providence Capitol Realty Group, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Matter of Krantz v. Conciliation & Appeals Bd. of the City of New YorkNew York Court of Appeals · 1982
3Cited by9 opinions
- Post v. 120 East End Avenue Corp.New York Court of Appeals · 1984
- Mann Theatres Corp. of California v. Mid-Island Shopping Plaza Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Wilen v. Harridge House AssociatesAppellate Division of the Supreme Court of the State of New York · 1983
- Hutchins v. Conciliation & Appeals BoardNew York Supreme Court · 1984
- Mannis v. Jillandrea Realty Co.Appellate Division of the Supreme Court of the State of New York · 1983
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