Legal Opinion
Avon Furniture Leasing, Inc. v. Popolizio
Appellate Division of the Supreme Court of the State of New York
Decided April 17, 1986PublishedCited by 26 opinions
1Opinion of the Court
OPINION OF THE COURT
Ellerin, J.
At issue in this CPLR article 78 proceeding is a finding of an "illusory tenancy” by the New York Conciliation and Appeals Board (CAB) which has been vacated by Special Term.
Proceedings were initiated before the CAB in March 1983 when David Works, who resided in apartment PH-C at 345 East 73rd Street pursuant to a "sublease” with petitioner Avon Furniture Leasing, Inc., filed a complaint alleging a rent and security overcharge and a "phony and illusory sublet”.
The facts are essentially undisputed. The owner of the subject building is a member of the Rent…
2Cases cited5 opinions
- Continental Towers Ltd. Partnership v. FreumanAppellate Terms of the Supreme Court of New York · 1985
- Hutchins v. Conciliation & Appeals BoardNew York Supreme Court · 1984
- Yellon v. Reiner-Kaiser AssociatesAppellate Division of the Supreme Court of the State of New York · 1982
- Matter of Krantz v. Conciliation & Appeals Bd. of the City of New YorkNew York Court of Appeals · 1982
- Krantz v. Conciliation & Appeals BoardAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by26 opinions
- Badem Buildings v. AbramsNew York Court of Appeals · 1987
- Primrose Management Co. v. DonahoeAppellate Division of the Supreme Court of the State of New York · 1998
- Manocherian v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 1997
- Bruenn v. ColeAppellate Division of the Supreme Court of the State of New York · 1991
- 315 Berry Street Corp. v. Hanson Fine ArtsAppellate Division of the Supreme Court of the State of New York · 2007
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