Legal Opinion · Concurring in part, dissenting in part

Rochdale Village, Inc. v. Goode

Appellate Terms of the Supreme Court of New York

Decided June 14, 2007Published

1Concurring in part, dissenting in partGolia, J.

(concuring in part and dissenting in part and voting to dismiss the appeal from the order and affirm the final judgment). At the outset, I note that I agree with the majority that the appeal from the order must be dismissed.

Although I disagree with the majority’s penultimate determination that the occupant Audrey Clemons has standing to raise a defense to this nonpayment proceeding, I am in accord with the remainder of its decision.

My colleagues hold that the courts do not have jurisdiction to determine claims as to succession rights. Consequently, their finding that Ms. Clemons’ claim to…

2Cases cited1 opinion

  1. 54 Featherco Inc. v. CorreaAppellate Division of the Supreme Court of the State of New York · 1998

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