Legal Opinion

East 17th LLC v. McCusker

Appellate Terms of the Supreme Court of New York

Decided April 5, 2019No. 2019 NYSlipOp 50469(U)Published

1Opinion of the Court

East 17th LLC, Petitioner-Landlord-Appellant,

against

Kelly McCusker, Respondent-Tenant-Respondent.

Landlord appeals from a final judgment of the Civil Court of the City of New York, New York County (Jack Stoller, J.), entered on or about October 4, 2017, after a nonjury trial, which dismissed the petition in a holdover summary proceeding and awarded tenant a net money judgment in the principal sum of $102,327.85 on her counterclaims.

2Per curiam

Final judgment (Jack Stoller, J.), entered on or about October 4, 2017, affirmed, with $25 costs.

The trial court properly looked back beyond the four-year…

3Cases cited6 opinions

  1. Park West Management Corp. v. MitchellNew York Court of Appeals · 1979
  2. Roberts v. Tishman Speyer Properties, L.P.New York Court of Appeals · 2009
  3. Grimm v. StateNew York Court of Appeals · 2010
  4. Matter of Park v. New York State Div. of Hous. & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2017
  5. Breen v. 330 East 50th Partners, L.P.Appellate Division of the Supreme Court of the State of New York · 2017

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