Legal Opinion
McKay v. Smith
New York District Court
Decided August 28, 1981PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Joseph Goldstein, J.
Is a landlord bound to retain a month-to-month tenant when that tenant has complained to some official body regarding a housing code violation, or may the landlord seek to terminate such a tenancy without being violative of section 223-b of the Real Property Law? May actions by the tenant or her representatives waive the statutory protection of “retaliatory eviction”?
These questions would appear to be ones of first impression.
I — THE FACTS
The tenant in this proceeding is a female head of the household with nine children who resides in the landlord’s…
2Cases cited5 opinions
- Rowe v. Great Atlantic & Pacific Tea Co.New York Court of Appeals · 1978
- Markese v. Cooper, New York County Courts1972
- De Lisa v. Amica Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1977
- Cosmopolitan Associates v. OrtegaCivil Court of the City of New York · 1977
- 125 Skillman Avenue Corp. v. American Home Assurance Co.Civil Court of the City of New York · 1980
3Cited by1 opinion
- German v. Federal Home Loan Mortgage Corp.District Court, S.D. New York · 1995