Legal Opinion
Fallarino v. Fallarino
Appellate Terms of the Supreme Court of New York
Decided May 23, 2017Published
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Ordered that the order is reversed, without costs, and tenant’s motion to dismiss the petition is granted.
In 2002, petitioner’s parents deeded the property at 134 Aster Drive, in New Hyde Park, New York, to petitioner and his brothers, retaining a life estate.
In April 2015, after his father’s death, petitioner pro se commenced this holdover proceeding, in his own name, to terminate a tenancy at the premises granted to petitioner’s nephew (tenant) by petitioner’s brother, and to recover possession and a share of the rent already paid by tenant to his father and…
2Cases cited8 opinions
- Whitehead v. Town House Equities, Ltd.Appellate Division of the Supreme Court of the State of New York · 2004
- Key Bank v. BeckerNew York Court of Appeals · 1996
- Torre v. GiorgioAppellate Division of the Supreme Court of the State of New York · 2008
- Perosi v. LiGreciAppellate Division of the Supreme Court of the State of New York · 2012
- 91 East Main Street Realty Corp. v. Angelic Creations by LuciaAppellate Terms of the Supreme Court of New York · 2009
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