Caldwell v. American Package Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Spolzino, J.P.
The plaintiffs, John Caldwell and Desiree Konian, reside, pursuant to a commercial lease, in a commercial building for which there is no residential certificate of occupancy. The building is owned by the defendant American Package Company, Inc.
Caldwell and Konian (hereinafter the tenants) asked the Supreme Court to declare that even though their lease is commercial, their tenancy is nevertheless subject to the protections of the Emergency Tenant Protection Act of 1974 (L 1974, ch 576, § 4, as amended [McKinney’s Uncons Laws of NY § 8621 et seq.]), the Rent…
2Cases cited28 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Lanza v. WagnerNew York Court of Appeals · 1962
- First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
- Salvati v. EimickeNew York Court of Appeals · 1988
- Graubard Mollen Horowitz Pomeranz & Shapiro v. 600 Third Avenue AssociatesNew York Court of Appeals · 1999
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3Cited by19 opinions
- Sheila Properties, Inc. v. A Real Good Plumber, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Acevedo v. Piano Building LLCAppellate Division of the Supreme Court of the State of New York · 2009
- Sheila Properties, Inc. v. A Real Good Plumber, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- South Eleventh Street Tenants Ass'n v. Dov LandAppellate Division of the Supreme Court of the State of New York · 2009
- American Package Co. v. KocikAppellate Division of the Supreme Court of the State of New York · 2008
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