Legal Opinion
Padilla v. Padilla
Civil Court of the City of New York
Decided March 20, 1995PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Anthony J. Fiorella, Jr., J.
In this alleged illegal lockout proceeding, petitioner seeks restoration upon the ground that she resided at the premises from approximately 1980 through mid-December 1993 at which time she claims respondent rented her first floor apartment to a third party.
Petitioner seeks restoration pursuant to RPAPL 713 (10) which provides that a special proceeding may be maintained where no landlord-tenant relationship exists and the person in possession has entered the property or remains in possession by force and he or his predecessor in interest was not…
2Cases cited9 opinions
- Rosenstiel v. RosenstielAppellate Division of the Supreme Court of the State of New York · 1963
- Minors v. TylerCivil Court of the City of New York · 1987
- Sherman v. ShermanAppellate Division of the Supreme Court of the State of New York · 1990
- Halaby v. HalabyAppellate Division of the Supreme Court of the State of New York · 1974
- Stressler v. StresslerAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by3 opinions
- Fusco v. Kraumlap Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Drost v. HookeyNew York District Court · 2009
- Wildenstein v. Nineteen East Sixty-Fourth Street Corp.New York Supreme Court · 1998