Festa v. Leshen
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
At issue on this appeal from an award of possession to the landlord is a determination by Appellate Term holding invalid recent amendments to the Rent Stabilization Code (Code) which provide that relatives who reside with a named tenant may succeed to the tenant’s lease rights upon the tenant’s death or abandonment of the dwelling (9 NYCRR 2523.5 [b] [1], [2]).
In November 1977, Gary Leshen signed a lease entitling him to reside in petitioners’ rent-stabilized apartment. While Gary was the sole tenant of record, his brother, Joel, as specifically found by the…
2Cases cited27 opinions
- Jones v. BermanNew York Court of Appeals · 1975
- Boreali v. AxelrodNew York Court of Appeals · 1987
- Levine v. WhalenNew York Court of Appeals · 1976
- Trump-Equitable Fifth Avenue Co. v. GliedmanNew York Court of Appeals · 1982
- Nicholas v. KahnNew York Court of Appeals · 1979
22 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Rent Stabilization Ass'n of New York City, Inc. v. HigginsNew York Court of Appeals · 1993
- 245 Realty Associates v. SussisAppellate Division of the Supreme Court of the State of New York · 1998
- Versailles Realty Co. v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 1990
- The Travelers Insurance Company v. 633 Third AssociatesCourt of Appeals for the Second Circuit · 1992
- KSLM-Columbus Apartments, Inc. v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2004
37 more not listed; retrieve them via the Exa API.