Legal Opinion

416 W. 47th St. Assocs. Ltd. v. Fountain House, Inc.

Civil Court of the City of New York

Decided September 18, 1998Published

1Opinion of the Court

OPINION OF THE COURT

Timmie Erin Elsner, J.

Petitioner commenced this nonprimary residence holdover proceeding in February 1998 to recover possession of the subject premises located at 416 West 47th Street, apartment *352No. 4-D, New York, New York, from the respondent Fountain House, Inc. (Fountain House). An answer was interposed by respondent dated March 3, 1998.

Petitioner now moves for summary judgment pursuant to CPLR 3212 alleging that no genuine issues of fact exist because the corporate tenant is not entitled to a lease renewal. Petitioner also moves for market use and occupancy and…

2Cases cited15 opinions

  1. S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
  2. Ferrante v. American Lung Ass'nNew York Court of Appeals · 1997
  3. Glick & Dolleck, Inc. v. Tri-Pac Export Corp.New York Court of Appeals · 1968
  4. Cale Development Co. v. Conciliation & Appeals BoardAppellate Division of the Supreme Court of the State of New York · 1983
  5. Cale Development Co. v. Conciliation & Appeals BoardNew York Court of Appeals · 1984

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