Legal Opinion

World Challenge v. 39 Food, Inc.

Civil Court of the City of New York

Decided September 2, 1994PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Louis B. York, J.

In this summary proceeding seeking to evict the respondent commercial tenant for nonpayment of rent, the respondent moves to dismiss while the petitioner seeks to have the respondent’s affirmative defenses dismissed.

The petition alleges that petitioner purchased the building on September 30, 1993. At that time the seller assigned his rights to all unpaid rent due from respondent. The petitioner sues for all the rent allegedly owed since December 1993. Respondent contends that section 248 of the Real Property Law releases it from liability for the assigned…

2Cases cited4 opinions

  1. Chinatown Apartments, Inc. v. Chu Cho LamNew York Court of Appeals · 1980
  2. F. F. Proctor Troy Properties Co. v. Dugan Store, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
  3. London Terrace Gardens v. StevensCivil Court of the City of New York · 1993
  4. Whitehall Tenants Corp. v. 3333 Operating Corp.Appellate Division of the Supreme Court of the State of New York · 1993

3Cited by1 opinion

  1. United States v. 175 Inwood Associates LLP.District Court, E.D. New York · 2004

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