Legal Opinion
Phillipse Towers, Inc. v. Ortega
Yonkers City Court
Decided November 28, 1969PublishedCited by 4 opinions
1Opinion of the CourtRobert W. Gacace, J.
This is a dispossess proceeding, brought on the grounds of violation of covenants in a lease, in that the tenant is allegedly using his premises for some purpose, other than living quarters: to wit, a doctor’s office. The premises in question are located in an apartment complex consisting of three modern 16-story Mitehell-Lama apartment house structures situated in the central part of the City of Yonkers, containing over five hundred separate units.
Pertinent clauses of the lease read as follows:
Paragraph Two: ‘ ‘ Tenant shall not use the demised premises or any part thereof or suffer the same…
2Cases cited7 opinions
- Lyon v. Bethlehem Engineering Corp.New York Court of Appeals · 1930
- Smith v. GrahamAppellate Division of the Supreme Court of the State of New York · 1914
- Doherty v. Monroe Eckstein Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Smith v. . GrahamNew York Court of Appeals · 1916
- Schnibbe v. GlenzNew York Court of Appeals · 1927
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hudson View Properties v. WeissAppellate Terms of the Supreme Court of New York · 1981
- Keller v. West-Morr Investors, Ltd.Court of Appeals of Tennessee · 1988
- Ray-Ron Corp. v. DMY Realty Co.Indiana Supreme Court · 1986
- Nissen v. WangCivil Court of the City of New York · 1980