Legal Opinion
272 Sherman, LLC v. Vasquez
Civil Court of the City of New York
Decided March 12, 2004PublishedCited by 2 opinions
1Opinion of the Court
*371OPINION OF THE COURT
Lucy Billings, J.
I. Background
In this summary nonpayment proceeding to recover possession of store Nos.l through 3 at 272 Sherman Avenue, New York County, respondent has cross-moved for summary judgment dismissing the petition, on the ground that the petition does not adequately describe the premises petitioner seeks to recover. (RPAPL 741 [3]; CPLR 3211 [a] [7]; 3212 [b].) Petitioner has withdrawn its motion to dismiss respondent’s defenses and for summary judgment. Since respondent’s motion and petitioner’s opposition presented a material factual issue which, if…
2Cases cited9 opinions
- Clarke v. Wallace Oil Co.Appellate Division of the Supreme Court of the State of New York · 2001
- Papacostopulos v. MorrelliCivil Court of the City of New York · 1984
- Constitution Realty, LLC v. OltarshAppellate Division of the Supreme Court of the State of New York · 2003
- Tache-Haddad Enterprises v. MelohnAppellate Division of the Supreme Court of the State of New York · 1996
- City of New York v. MortelAppellate Terms of the Supreme Court of New York · 1994
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3Cited by2 opinions
- 13315 Owners Corp. v. KennedyCivil Court of the City of New York · 2004
- Elul Realty Corp. v. Java New York Ltd.New York Supreme Court · 2006