Legal Opinion

American Savings & Loan Ass'n v. Twin Eagles Bruce, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided October 20, 1994PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, *447New York County (Alfred Toker, J.) entered December 22, 1993, which granted plaintiff an order of ejectment, incident to a judgment of foreclosure, unanimously affirmed, with costs.

The IAS Court properly rejected, without a hearing, defendant’s contention that he was not served with notice to vacate. His conclusory denial was not accompanied by "further probative facts” that would require a traverse hearing (Public Adm’r of County of N. Y v Markowitz, 163 AD2d 100, 101; cf., Matter of St. Christopher-Ottilie [Devon M.], 169 AD2d 690). The defendant’s tender of rent…

2Cases cited4 opinions

  1. Public Administrator v. MarkowitzAppellate Division of the Supreme Court of the State of New York · 1990
  2. Doubledown Realty Corp. v. GibbsCivil Court of the City of New York · 1983
  3. Doubledown Realty Corp. v. HarrisAppellate Terms of the Supreme Court of New York · 1985
  4. In re St. Christopher-OttilieAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by4 opinions

  1. In re Shaune TT.Appellate Division of the Supreme Court of the State of New York · 1998
  2. Ananda Capital Partners, Inc. v. Stav Electrical Systems (1994) Ltd.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Electric Insurance v. GrajowerAppellate Division of the Supreme Court of the State of New York · 1998
  4. First Avenue Owners Corp. v. Riverwalk Garage Corp.Civil Court of the City of New York · 2004

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