Legal Opinion
Ruiz v. Chwatt Associates
Appellate Division of the Supreme Court of the State of New York
Decided February 24, 1998PublishedCited by 11 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Carol Arber, J.), entered August 22, 1997, after a nonjury trial, inter alia, dismissing plaintiffs claim to recover rent overpayments upon a finding that the subject apartment is not rent stabilized, unanimously affirmed, with costs.
As the trial court held, the typewritten rider to the lease, providing that the subject apartment was to be used “for the practice of medicine only”, controls over the irreconcilable preprinted clause, providing that the apartment was to be used by the tenant and the tenant’s family “as a strictly private dwelling…
2Cases cited3 opinions
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- 129 East 56th Street Corp. v. HarrisonAppellate Terms of the Supreme Court of New York · 1984
- Gregory v. Colonial DPC Corp.Appellate Division of the Supreme Court of the State of New York · 1996
3Cited by11 opinions
- 546 West 156th Street HDFC v. SmallsAppellate Division of the Supreme Court of the State of New York · 2007
- Home Federal Savings Bank v. SayeghAppellate Division of the Supreme Court of the State of New York · 1998
- In re Jo-Fra Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- 420 Riverside Drive v. EttingerAppellate Terms of the Supreme Court of New York · 2003
- Benroal Realty Associates, L.P. v. LoweAppellate Terms of the Supreme Court of New York · 2005
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