Legal Opinion
Jean-Baptiste v. 153 Manhattan Avenue Housing Development Fund Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 20, 2015No. 13495 103042/07PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, New York County (Paul Wooten, J.), entered July 17, 2012, which, to the extent appealed from as limited by the briefs, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant established prima facie entitlement to summary judgment by demonstrating its status as an out-of-possession landlord under the terms of the lease (see Kittay v Moskowitz, 95 AD3d 451 [1st Dept 2012], lv denied 20 NY3d 859 [2013]; Babich v R.G.T. Rest. Corp., 75 AD3d 439 [1st Dept 2010]). Plaintiffs attempt, by way of opposition, to…
2Cases cited9 opinions
- Guzman v. Haven Plaza Housing Development Fund Co.New York Court of Appeals · 1987
- Thomas Crimmins Contracting Co. v. City of New YorkNew York Court of Appeals · 1989
- Lynn v. LynnAppellate Division of the Supreme Court of the State of New York · 1995
- Kane v. Estia Greek Restaurant, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Babich v. R.G.T. Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 2010
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Gonzalez v. Mount Vernon Neighborhood Health Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2016