Legal Opinion
City of New York v. Utsey
Appellate Terms of the Supreme Court of New York
Decided July 17, 2000PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Final judgment unanimously reversed without costs, petitioner’s motion for summary judgment denied and summary judgment granted in favor of occupants dismissing the petition.
The issue in this squatter proceeding is whether occupants are tenants at will or at sufferance and thus entitled to a 30-day notice pursuant to Real Property Law § 228. We hold that under the circumstances of this case occupants are tenants at will and that the City’s failure to serve the required 30-day notice upon them mandates dismissal of the petition.
The City commenced this squatter…
2Cases cited8 opinions
- Kerrains v. . People of the State of N.Y.New York Court of Appeals · 1875
- Manhattan School of Music v. SolowAppellate Division of the Supreme Court of the State of New York · 1991
- Harris v. . FrinkNew York Court of Appeals · 1872
- Livingston v. . TannerNew York Court of Appeals · 1856
- Wilson EstateSupreme Court of Pennsylvania · 1944
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3Cited by3 opinions
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