Legal Opinion

Tan Holding Corp. v. Wallace

Appellate Terms of the Supreme Court of New York

Decided January 10, 2001PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Orders dated November 13, 1998 and September 23, 1999, insofar as appealed from, reversed with $10 costs, tenants’ motion for summary judgment and for attorneys’ fees is denied, and the holdover petitions are reinstated.

Tenants took possession of the subject loft units at 530 West 25th Street, Manhattan, pursuant to commercial leases which have since expired. While the leases limited occupancy to office or studio use, it is not disputed that tenants also resided in the premises with landlord’s knowledge and acquiescence. On appeal, tenants concede that their units do not…

3Cases cited5 opinions

  1. Salvati v. EimickeNew York Court of Appeals · 1988
  2. Wilson v. One Ten Duane Street Realty Co.Appellate Division of the Supreme Court of the State of New York · 1987
  3. Scannell v. Mt. Sinai Medical CenterAppellate Division of the Supreme Court of the State of New York · 1998
  4. Pape v. DoarAppellate Division of the Supreme Court of the State of New York · 1990
  5. 91 Fifth Avenue Corp. v. New York City Loft BoardAppellate Division of the Supreme Court of the State of New York · 1998

4Cited by4 opinions

  1. 182 Fifth Avenue, LLC v. Design Development Concepts, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  2. Wolinsky v. Kee Yip Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Missry v. EhlichCivil Court of the City of New York · 2003
  4. 111 on 11 Realty Corp. v. NortonCivil Court of the City of New York · 2001

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