Legal Opinion

Mitchell Gardens No. 1 Cooperative Corp. v. Cataldo

Appellate Terms of the Supreme Court of New York

Decided November 18, 1997Published

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Order unanimously reversed with $10 costs to petitioner and matter remanded to the court below for all further proceedings.

This holdover proceeding was commenced to recover possession of a cooperative apartment on the ground that it was being occupied in violation of the terms of the proprietary lease. A full and complete discussion of the underlying facts was set forth in the opinion of the court below (169 Misc 2d 983). After setting forth the relevant provisions of section 235-f of the Real Property Law, the court found that the stepdaughter was a member of…

2Cases cited5 opinions

  1. 61 Jane Street Associates v. KrollAppellate Division of the Supreme Court of the State of New York · 1984
  2. Southridge Cooperative Section No. 3, Inc. v. MenendezCivil Court of the City of New York · 1988
  3. Barbizon Owners Corp. v. ChudickCivil Court of the City of New York · 1994
  4. 38th Astoria Associates v. ChavezCivil Court of the City of New York · 1985
  5. Mitchell Gardens No. 1 Cooperative Corp. v. CataldoCivil Court of the City of New York · 1996

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