Legal Opinion
417 East Realty Associates v. Ryan
Civil Court of the City of New York
Decided August 19, 1981PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Jay Stuart Dankberg, J.
To paraphrase the notorious Polly Adler: “when is a residential apartment not a residence?” This question is raised by a motion by respondent tenant for summary judgment, pursuant to CPLR 3212, dismissing this holdover summary proceeding upon the ground that service was not made pursuant to the dictates of RPAPL 735.
Neither counsels’ nor the court’s research has uncovered any reported decision concerning RPAPL service requirements upon a residential tenant who is living elsewhere to the knowledge of petitioner landlord; thus, is not actually…
2Cases cited18 opinions
- S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
- Di Sabato v. SoffesAppellate Division of the Supreme Court of the State of New York · 1959
- Motor Vehicle Accident Indemnification Corp. v. EisenbergNew York Court of Appeals · 1966
- Davis v. SheltonAppellate Division of the Supreme Court of the State of New York · 1969
- Lincoln First Bank v. RupertAppellate Division of the Supreme Court of the State of New York · 1977
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ilfin Co. v. Benec Industries, Inc.Civil Court of the City of New York · 1982
- 50 Court Street Associates v. Mendelson & MendelsonCivil Court of the City of New York · 1991
- Brown v. United StatesUnited States Court of Claims · 1984
- City of New York v. Wall Street Racquet Club, Inc.Civil Court of the City of New York · 1987
- Parras v. RicciardiCivil Court of the City of New York · 2000
2 more not listed; retrieve them via the Exa API.