Legal Opinion · Dissent
235 West 71 Street LLC v. Chechak
Appellate Terms of the Supreme Court of New York
Decided June 21, 2004Published
1DissentMcCooe, J.
The majority has granted summary judgment upon the ground that, as a matter of law, the landlord cannot prove an illegal sublet or assignment. Cited for this proposition are Park Holding Co. v Rosen (241 AD2d 304 [1st Dept 1997]), PLWJ Realty v Gonzalez (285 AD2d 370 [1st Dept *1162001]), and. 61 Jane St. Assoc. v Kroll (102 AD2d 751 [1st Dept 1984]) which are all trial court decisions where factual issues were determinative.
The Appellate Division in PLWJ Realty reversed the Appellate Term upon the dissenting opinion of Phyllis Gangel-Jacob, J. which relied upon the authority of Park Holding…
2Cases cited3 opinions
- PLWJ Realty, Inc. v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2001
- 61 Jane Street Associates v. KrollAppellate Division of the Supreme Court of the State of New York · 1984
- Ansonia Associates v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1990