Legal Opinion

Corastor Holding Co. v. Mastny

Appellate Terms of the Supreme Court of New York

Decided March 7, 2006Published

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Order modified by providing that, upon reargument, tenant’s motion for summary judgment is denied; as so modified, affirmed without costs.

In this holdover proceeding predicated on the service of a notice purporting to terminate a monthly tenancy, the petition alleges that tenant resides in a unit which is subject to the Loft Law (Multiple Dwelling Law art 7-C) but that tenant is not protected under said law because, by written agreement with the benefit of counsel, he expressly waived any rights under said law. (The waiver appears in a rider to tenant’s expired…

2Cases cited6 opinions

  1. BLF Realty Holding Corp. v. KasherAppellate Division of the Supreme Court of the State of New York · 2002
  2. Paikoff v. HarrisAppellate Terms of the Supreme Court of New York · 1999
  3. Wolinsky v. Kee Yip Realty Corp.New York Court of Appeals · 2004
  4. Gloveman Realty Corp. v. JefferysAppellate Division of the Supreme Court of the State of New York · 2005
  5. Mongelli v. SharpAppellate Division of the Supreme Court of the State of New York · 1988

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