Legal Opinion

Beach Haven Apartments No. 1 Inc. v. Marc Cheseborough

Appellate Terms of the Supreme Court of New York

Decided December 10, 2003PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Order unanimously affirmed without costs.

After prevailing on landlord’s holdover petition based on tenants’ violation of a lease provision barring the harboring of an animal, tenants, who interposed no attorney’s fees demand in their answer or in their successful motion for summary judgment (see Real Property Law § 234), moved for an order granting this relief two years later and without explanation for the delay. Even if the relief is not precluded as untimely (see Monacelli v Farrington, 240 AD2d 296, 297 [1997]), upon a review of the merits, we find that a…

2Cases cited6 opinions

  1. Gottlieb v. Kenneth D. Laub & Co.New York Court of Appeals · 1993
  2. Cier Industries Co. v. HessenAppellate Division of the Supreme Court of the State of New York · 1988
  3. Solow v. WellnerAppellate Division of the Supreme Court of the State of New York · 1994
  4. Park Holding Co. v. LavigneNew York Supreme Court · 1985
  5. Murphy v. Vivian Realty CompanyAppellate Division of the Supreme Court of the State of New York · 1993

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Toledo Mutual Housing Corp. v. SchwartzAppellate Terms of the Supreme Court of New York · 2011
  2. Gold Queens, LLC v. CohenAppellate Terms of the Supreme Court of New York · 2013
  3. Hamilton v. Menalon Realty, LLCAppellate Terms of the Supreme Court of New York · 2006

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API