Legal Opinion
ARS Yonkers Corp. v. Sims
Yonkers City Court
Decided July 3, 1975PublishedCited by 4 opinions
1Opinion of the CourtRobert W. Cacace, J.
The petitioner herein commenced this proceeding to dispossess the tenant for nonpayment of rent. The tenant, rather than answering the petition, submits an “Affidavit in Opposition”, in which he sets up a counterclaim for $450, alleging overcharge and treble damages, and $250 for counsel fees. The petitioner has filed a “Reply to Counterclaim” and the respondent has filed a “sur-reply”.
Both parties appear to want the court to decide the question on the basis submitted and the court, under the rules of liberalized pleading, will consider that each side has mude a motion for a summary judgment.
T…
2Cases cited5 opinions
- Giannini v. StuartAppellate Division of the Supreme Court of the State of New York · 1958
- Fireman v. Newcraft Associates, Inc.New York Supreme Court · 1951
- Golenpaul v. FrankelAppellate Division of the Supreme Court of the State of New York · 1955
- Lincoln Plaza Associates v. BarbarisiCivil Court of the City of New York · 1969
- Golenpaul v. FrankelNew York Supreme Court · 1953
3Cited by4 opinions
- Norms Realty Corp. v. RodriguezCivil Court of the City of New York · 1981
- 251 East 119th Street Tenants Assoc. v. TorresCivil Court of the City of New York · 1984
- Gottlieb v. HawkinsYonkers City Court · 1976
- One Vincent Road Realty Corp. v. SternYonkers City Court · 1976