Legal Opinion
Markese v. Cooper
New York County Courts
Decided May 19, 1972PublishedCited by 22 opinions
1Opinion of the CourtDavid O. Boehm, J.
The tenant appeals from the dismissal of her affirmative defense by the Rochester City Court and the granting of a warrant of eviction and judgment in the landlord’s action to dispossess the tenant as a holdover. The tenant concedes that the required 30-day notice to vacate was duly and properly given and her answer sets forth that she has occupied the premises pursuant to an oral month-to-month tenancy since September, 1968.
This three-year period of uninterrupted and apparently acceptable occupancy becomes relevant in view of the tenant’s claim that she is being evicted in retaliation for…
2Cases cited26 opinions
- Lindsey v. NormetSupreme Court of the United States · 1972
- In Re Quarles and ButlerSupreme Court of the United States · 1895
- Yvonne C. Edwards v. Nathan HabibCourt of Appeals for the D.C. Circuit · 1968
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
- Schweiger v. Superior CourtCalifornia Supreme Court · 1970
21 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Mobil Oil Corp. v. RubenfeldAppellate Division of the Supreme Court of the State of New York · 1975
- Zenila Realty Corp. v. MasterandreaCivil Court of the City of New York · 1984
- Sims v. Century Kiest ApartmentsCourt of Appeals of Texas · 1978
- Parkin v. FitzgeraldSupreme Court of Minnesota · 1976
- Toms Point Apartments v. GoudzwardNassau County District Court · 1972
17 more not listed; retrieve them via the Exa API.