Sylvester v. Bernstein
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtBbeitel, J.
The question is whether tenants may be evicted in ejectment and be liable for damages because of fraudulent representations made by them in obtaining a commercial apartment for their residential use. Their statements were allegedly made in order to circumvent regulated residential rents. Landlord brings the action after the tenants had successfully recovered in another action excess rent over the maximum residential rent under the State Residential Rent Law (L. 1946, ch. 274, as last amd.).
The issue comes to us on the denial of tenants’ motion for summary judgment and to dismiss the complaint…
2Cases cited11 opinions
- Albany City Savings Institution v. . BurdickNew York Court of Appeals · 1881
- Higgins v. . CrouseNew York Court of Appeals · 1895
- Sielcken-Schwarz v. American Factors, Ltd.New York Court of Appeals · 1934
- Long v. . WarrenNew York Court of Appeals · 1877
- Brennan v. National Equitable Investment Co.New York Court of Appeals · 1928
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Danann Realty Corp. v. HarrisNew York Court of Appeals · 1959
- Mallis v. Bankers Trust Co.Court of Appeals for the Second Circuit · 1980
- Ainger v. Michigan General Corp.District Court, S.D. New York · 1979
- Compania Sud-Americana De Vapores S.A. v. IBJ Schroder Bank & Trust Co.District Court, S.D. New York · 1992
- Bankr. L. Rep. P 71,659 in Re Berry Estates, Inc., D/B/A Blueberry Hill Management Corp., Debtor. Berry Estates, Inc. v. State of New York, Hon. Edward Regan, Comptroller of the State of New York, State Capitol v. Berry Estates, Inc.Court of Appeals for the Second Circuit · 1987
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