Legal Opinion
95 River Co. v. Burnett
Civil Court of the City of New York
Decided December 30, 1993PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Richard F. Braun, J.
This is a summary proceeding for nonpayment of rent regarding residential premises. Respondent tenant moves to dismiss this proceeding, pursuant to CPLR 3211 (a) (2) and (7), or alternatively for summary judgment granting such relief. As respondent tenant has already raised the grounds for the motion in paragraph (3) of his answer, the latter motion is the proper one. (Rich v Lefkovits, 56 NY2d 276, 281-282 [1982].)
Pursuant to RPAPL 711 (2), summary proceedings for nonpayment of rent must be preceded by a personal demand for rent or by service of a…
2Cases cited5 opinions
- Rich v. LefkovitsNew York Court of Appeals · 1982
- Chinatown Apartments, Inc. v. Chu Cho LamNew York Court of Appeals · 1980
- 170 West 85th Street Tenants Ass'n v. CruzAppellate Division of the Supreme Court of the State of New York · 1991
- Solack Estates, Inc. v. GoodmanAppellate Terms of the Supreme Court of New York · 1979
- Steinmetz v. BarnettCivil Court of the City of New York · 1992
3Cited by3 opinions
- Jendor Industries, Inc. v. Harvest Year Seafood Restaurant, Inc.Civil Court of the City of New York · 2000
- 545 West Co. v. SchachterCivil Court of the City of New York · 2007
- Rolling Acres Mobile Home Park v. Pike, New York County Courts1998