Legal Opinion

ATM One, LLC v. Landaverde

New York Court of Appeals

Decided June 3, 2004PublishedCited by 50 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

In this appeal, the owner of a building challenges the dismissal of its holdover proceeding against a tenant allegedly violating the maximum occupancy provision of the parties’ lease. We conclude that the proceeding was properly dismissed because the tenant was not afforded 10 days written notice to cure the alleged violation.

Section 2504.1 of the Division of Housing and Community Renewal’s Emergency Tenant Protection Regulations sets forth restrictions regarding the removal of a tenant in a rent- stabilized housing accommodation. Prior to commencing a…

2Cases cited7 opinions

  1. Kihl v. PfefferNew York Court of Appeals · 1999
  2. Engel v. LightermanNew York Court of Appeals · 1984
  3. Sutka v. ConnersNew York Court of Appeals · 1989
  4. People v. DozierNew York Court of Appeals · 1991
  5. Mowczan v. BaconNew York Court of Appeals · 1998

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3Cited by50 opinions

  1. St. Louis v. Town of North ElbaNew York Court of Appeals · 2011
  2. Long v. State of New YorkNew York Court of Appeals · 2006
  3. Williams v. SahayAppellate Division of the Supreme Court of the State of New York · 2004
  4. East Acupuncture, P.C. v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
  5. Nostrom v. A.W Chesterton Co.New York Court of Appeals · 2010

45 more not listed; retrieve them via the Exa API.

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