Legal Opinion

Payne v. Rivera

Civil Court of the City of New York

Decided May 14, 2010PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Gary F. Marton, J.

*470This is a holdover proceeding. Petitioner alleges that she is the landlord, that the premises is located in a one-family house, that the premises is not subject to rent regulation, and that she may regain possession thereof because the respondents’ tenancy has ended. Respondents interposed an answer asserting what are characterized as five defenses and four counterclaims. The first defense is that the premises is rent stabilized, the second is retaliatory eviction, the third is the failure to plead with sufficient specificity, the fourth is the absence of…

2Cases cited8 opinions

  1. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  2. Sheila Properties, Inc. v. A Real Good Plumber, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Caldwell v. American Package Co.Appellate Division of the Supreme Court of the State of New York · 2008
  4. Wolinsky v. Kee Yip Realty Corp.New York Court of Appeals · 2004
  5. City of New York v. CandelarioAppellate Division of the Supreme Court of the State of New York · 1996

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3Cited by1 opinion

  1. Joe Lebnan, LLC v. OlivaAppellate Terms of the Supreme Court of New York · 2013

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