Legal Opinion
Creston Burnside Holding Corp. v. Ken-Ross Associates, Inc.
Civil Court of the City of New York
Decided August 10, 1965PublishedCited by 1 opinion
1Opinion of the CourtArthur Wachtel, J.
This is a nonpayment proceeding. The tenant interposes as a counterclaim the cost of repair of the ceiling. The alleged defect is “ seepage and flaking ” covering an area of approximately 14 inches by 16 inches.
The demised premises is a store used as a real estate office which is located in a multiple dwelling but constituting a self-contained unit. Its roof is not part of the multiple dwelling. There are no apartments above it and there is no proof of any relation between the maintenance of the roof and the rest of the building occupied by the other residential tenants. It is within the sole…
2Cases cited7 opinions
- Altz v. . LeibersonNew York Court of Appeals · 1922
- Schauf v. City of New YorkNew York Supreme Court · 1960
- Lichtig v. PoundtAppellate Terms of the Supreme Court of New York · 1898
- Sticker v. Seril Realty CorporationNew York Court of Appeals · 1931
- Kosior v. PomrinseAppellate Division of the Supreme Court of the State of New York · 1936
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Robinson v. ShapiroDistrict Court, S.D. New York · 1980