Legal Opinion

Palmer v. WSC Riverside Drive, LLC

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

Decided April 28, 2009PublishedCited by 2 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Lottie E. Wilkins, J), entered July 30, 2008, dismissing this action seeking declaratory and other relief after nonjury trial, unanimously modified, on the law, to declare plaintiff has no leasehold possessory rights to the roof area, and otherwise affirmed, with costs in favor of defendants.

The scope of our review of a nonjury trial is as broad as that of the trial judge (Northern Westchester Professional Park Assoc, v Town of Bedford, 60 NY2d 492, 499 [1983]), and permits us to substitute our own judgment where the evidence fails to support an…

2Cases cited6 opinions

  1. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  2. Hirsch v. Lindor Realty Corp.New York Court of Appeals · 1984
  3. Jossel v. FilicoriAppellate Division of the Supreme Court of the State of New York · 1997
  4. 1050 Fifth Ave., Inc. v. MayAppellate Division of the Supreme Court of the State of New York · 1998
  5. Hazlett v. RahbarAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by2 opinions

  1. For the People Theatres of N.Y., Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
  2. For the People Theatres of N.Y., Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015

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