Legal Opinion

Yanni v. Bruce Brandwen Productions, Inc.

Civil Court of the City of New York

Decided February 2, 1994PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Michael D. Stallman, J.

Respondent’s motion for vacatur of an eviction, and summary judgment, concerns the relationship between CPLR 5015 and the issue preclusion (collateral estoppel) doctrine. Specifically, may a court vacate its own judgment after over five years because of the reversal of an administrative proceeding on which the court’s judgment was based?

Respondent leased the subject rent-stabilized apartment in 1985 for $2,874 per month. Respondent filed an overcharge complaint, which the Division of Housing and Community Renewal (DHCR) denied in 1987. In 1988,…

2Cases cited3 opinions

Ryan v. New York Telephone Co.New York Court of Appeals · 1984
Allied Chemical v. Niagara Mohawk Power Corp.New York Court of Appeals · 1988
Sutton Fifty-Six Co. v. GarrisonAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by3 opinions

3410 Kingsbridge Associates v. MartinezCivil Court of the City of New York · 1994
Gardner v. Division of Housing & Community RenewalNew York Supreme Court · 1995
Lucas v. Florent, Inc.Civil Court of the City of New York · 2008