Legal Opinion · Dissent

Seward Park Housing Corp. v. Cohen

Appellate Division of the Supreme Court of the State of New York

Decided December 13, 2001Published

1DissentFriedman, J.

In Baumrind v Fidelman (183 AD2d 635, 636), this Court, pointing to the legislative history leading to the enactment of Administrative Code of the City of New York § 27-2009.1 (b), held that, although the Code provides that a landlord must “commence a summary proceeding” to avoid waiving its right to enforce a no-pet clause, an “[ojverly literal interpretation” of these statutory words is inappropriate. Today, in reversing Appellate Term’s decision in this case, the majority overrules not only our decision in Baumrind, but also the Appellate Term’s decision in Park Holding Co. v Lavigne (130…

2Cases cited15 opinions

  1. Leader v. Maroney, Ponzini & SpencerNew York Court of Appeals · 2001
  2. Levandusky v. One Fifth Avenue Apartment Corp.New York Court of Appeals · 1990
  3. Fry v. Village of TarrytownNew York Court of Appeals · 1997
  4. Morris v. Snappy Car Rental, Inc.New York Court of Appeals · 1994
  5. Markoff v. South Nassau Community HospitalNew York Court of Appeals · 1984

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API