Legal Opinion
Viglietta v. Lavoie
Appellate Terms of the Supreme Court of New York
Decided September 21, 2011PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Ordered that the order is affirmed, without costs.
Petitioner commenced this summary proceeding pursuant to RPAPL 713 (10) against his daughter and son-in-law, seeking to be restored to possession of the home he had previously resided in with them. In addition, he sought treble damages pursuant to RPAPL 853. Respondents moved to dismiss the petition, and the District Court granted their motion.
RPAPL 713 (10) states that a special proceeding may be maintained upon the following ground:
“The person in possession has entered the property or remains in possession by…
2Cases cited3 opinions
- Napier v. SpielmannAppellate Division of the Supreme Court of the State of New York · 1908
- Markun v. WecksteinAppellate Terms of the Supreme Court of New York · 1917
- Saccheri v. Cathedral Properties Corp.Appellate Terms of the Supreme Court of New York · 2007
3Cited by1 opinion
- Padilla v. RodriguezAppellate Terms of the Supreme Court of New York · 2018