Legal Opinion

J. A. R. Management Corp. v. Foster

Appellate Terms of the Supreme Court of New York

Decided July 24, 1980PublishedCited by 14 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Order of the court below (99 Misc 2d 315) unanimously reversed, with $10 costs, and motion denied.

In this nonpayment summary proceeding, landlord obtained a final judgment upon tenant’s failure to answer and the warrant of eviction which issued thereon was executed. Tenant then moved to be restored to possession and, after conducting a hearing, the court below granted *694the motion on the ground that the acceptance of the rent by landlord prior to execution of the warrant, without warning the tenant that the eviction will nevertheless proceed on schedule, had the…

2Cases cited1 opinion

  1. J A R Management Corp. v. FosterCivil Court of the City of New York · 1979

3Cited by14 opinions

  1. EBG Midtown South Corp. v. McLaren/Hart Environmental Engineering Corp. (In Re Sanshoe Worldwide Corp.)District Court, S.D. New York · 1992
  2. Brusco v. BraunAppellate Division of the Supreme Court of the State of New York · 1993
  3. Ansonia Associates v. PearlsteinCivil Court of the City of New York · 1984
  4. Spirer v. AdamsCivil Court of the City of New York · 1989
  5. Comity Realty Corp. v. PetersonCivil Court of the City of New York · 1983

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