Legal Opinion
235 West 71 Street LLC v. Chechak
Appellate Terms of the Supreme Court of New York
Decided June 21, 2004PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order dated July 11, 2003 affirmed, with $10 costs.
Civil Court correctly granted tenant’s motion for summary judgment, since there was no material issue that the occupancy of his mother, Elinore Chechak, rose to the level of an unlawful “assignment,” as opposed to a permissible presence by an immediate family member. Elinore Chechak has long-term ties to the apartment, having commenced occupancy as the tenant of record in 1982 together with her (then) minor son Eric. In 1999, the Chechaks requested that the tenancy continue in Eric’s name, but Elinore continued to maintain…
3Cases cited3 opinions
- PLWJ Realty, Inc. v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2001
- 61 Jane Street Associates v. KrollAppellate Division of the Supreme Court of the State of New York · 1984
- Park Holding Co. v. RosenAppellate Division of the Supreme Court of the State of New York · 1997
4Cited by2 opinions
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