Legal Opinion · Dissent

Stecher v. 85th Estates Co.

Appellate Division of the Supreme Court of the State of New York

Decided September 20, 2007Published

1DissentMcGuire, J.

in a separate memorandum as follows: Pursuant to a lease executed in January 1992, plaintiff leased a rent stabilized apartment from defendant 85th Estates Company (the Company), the net lessee of the building in which the apartment is located. According to plaintiff, defendant Perlbinder, a principal of the Company, demanded that plaintiff pay $50,000 as a condition to obtaining the lease. The $50,000 payment would also serve as consideration for defendants’ promise continually to renew the lease for additional terms. Plaintiff allegedly paid this $50,000 “fee” to Perlbinder in early…

2Cases cited21 opinions

  1. Jennifer Lynn Romea v. Heiberger & AssociatesCourt of Appeals for the Second Circuit · 1998
  2. Thornton v. BaronNew York Court of Appeals · 2005
  3. Jones v. GianferanteNew York Court of Appeals · 1953
  4. Estro Chemical Co. v. FalkNew York Court of Appeals · 1951
  5. Drucker v. MauroAppellate Division of the Supreme Court of the State of New York · 2006

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