Legal Opinion
Helping Out People Everywhere v. Deich
Yonkers City Court
Decided September 28, 1992PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Mary H. Smith, J.
Petitioner, a not-for-profit corporation, commenced this summary proceeding pursuant to RPAPL 713 (7) and 713 (10) to remove respondent, an otherwise homeless person, who is HIV positive, from the premises known as Apt. 1, 187 Ashburton Ave., City of Yonkers, New York, on the grounds that respondent’s license to remain had been revoked and he was no longer in lawful possession of the premises.
Respondent now moves for summary judgment pursuant to CPLR 3212, a summary determination pursuant to CPLR 404 (b), or in the alternative for a stay of this summary…
2Cases cited8 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Goldberg v. KellySupreme Court of the United States · 1970
- McCain v. KochAppellate Division of the Supreme Court of the State of New York · 1986
- Cohen v. GoldfeinAppellate Division of the Supreme Court of the State of New York · 1984
- Canosa v. AbadirAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by4 opinions
- Helping Out People Everywhere, Inc. v. DeichAppellate Terms of the Supreme Court of New York · 1994
- Branic International Realty Corp. v. PittAppellate Terms of the Supreme Court of New York · 2010
- Metalsky v. Mercy Haven Inc.New York Supreme Court · 1993
- Parker v. Salvation ArmyOhio Court of Appeals · 2012