Legal Opinion
Tuscan Realty Corp. v. O'Neill
Appellate Terms of the Supreme Court of New York
Decided June 20, 2001PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Final judgment unanimously reversed without costs and matter remanded to the court below for a new trial.
In this holdover proceeding brought to recover possession of an apartment for an alleged breach of a lease caused by tenant’s harboring of a pet, the court dismissed the petition with prejudice at the close of petitioner’s case after its rulings prevented petitioner from establishing its prima facie case.
It is the opinion of this court that petitioner authenticated tenant’s signature on the 1985 lease in question through the testimony of its witnesses who…
2Cases cited11 opinions
- Crabtree v. Elizabeth Arden Sales Corp.New York Court of Appeals · 1953
- People v. KennedyNew York Court of Appeals · 1986
- APS Food System, Inc. v. Ward Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- Kilduff v. Donna Oil Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Hammond v. . VarianNew York Court of Appeals · 1873
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3Cited by3 opinions
- Paladino v. SotilleAppellate Terms of the Supreme Court of New York · 2007
- A.F. Supply Corp. v. Perfect Lock & Security, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- 47-05 Ctr. SPE L.L.C. v. Hack, Civil Court Of The City Of New York, Queens County2025