Legal Opinion
Almonte v. City of New York
Appellate Terms of the Supreme Court of New York
Decided October 17, 1995PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Order unanimously reversed without costs and motion to be restored to possession denied.
*377The facts of the case have been set forth in the opinion of the court below. We are compelled to follow the holdings of the Appellate Division, First Department, in the cases of P & A Bros. v City of N. Y. Dept. of Parks & Recreation (184 AD2d 267) and in Paulino v Wright (210 AD2d 171) wherein the Court held that the common-law remedy of self-help could be used peacefully against nontenants. Such was the fact pattern in the case at bar, since no force was used to evict…
2Cases cited3 opinions
- Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
- P & A Bros. v. City of New York Department of Parks & RecreationAppellate Division of the Supreme Court of the State of New York · 1992
- Paulino v. WrightAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by2 opinions
- Walls v. GiulianiDistrict Court, E.D. New York · 1996
- SITC Inc. v. Riverplace I Holdings LLCCivil Court of the City of New York · 2008