Legal Opinion
Johnson v. Cabrera
Appellate Division of the Supreme Court of the State of New York
Decided January 20, 1998PublishedCited by 19 opinions
1Opinion of the Court
In a summary proceeding to recover possession of leased premises for nonpayment of rent, the landlord appeals, by permission, from an order of the Appellate Term of the Supreme Court for the Second and Eleventh Judicial Districts, dated April 4, 1996, which reversed a judgment of the Civil Court, Queens County (Gazzara, J.), entered May 13, 1994, and dismissed her petition.
Ordered that the order is affirmed, with costs.
It is well settled that a commercial tenant may be relieved of *579its obligation to pay the full amount of rent due where it has been actually or constructively evicted from…
2Cases cited5 opinions
- Barash v. PA. TERM. REAL ESTATE CORP.New York Court of Appeals · 1970
- Bush Terminal Associates v. Federated Department Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Union City Union Suit Co. v. MillerAppellate Division of the Supreme Court of the State of New York · 1990
- Manhattan Mansions v. Moe's PizzaCivil Court of the City of New York · 1990
- West Broadway Glass Co. v. I.T.M. Bar Inc.Appellate Terms of the Supreme Court of New York · 1996
3Cited by19 opinions
- Reliastar Life Insurance v. Home Depot U.S.A., Inc.Court of Appeals for the Second Circuit · 2009
- Joylaine Realty Co. v. SamuelAppellate Division of the Supreme Court of the State of New York · 2012
- Kaniklidis v. 235 Lincoln Place Housing Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- 85 John Street Partnership v. Kaye Insurance Associates, L.P.Appellate Division of the Supreme Court of the State of New York · 1999
- Black Quarry Millwork, LLC v. Sandy Littman Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2023
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