Legal Opinion

Park South Associates v. Mason

Civil Court of the City of New York

Decided April 6, 1984PublishedCited by 16 opinions

1Opinion of the Court

OPINION OF THE COURT

David B. Saxe, J.

In this summary holdover proceeding, petitioner requests possession pursuant to the Emergency Tenant Protection Act ([ETPA] L 1974, ch 576, § 4) as amended by the Omnibus Housing Act ([Omnibus Housing Act], L 1983, ch 403, § 55) on the ground that respondent maintains his primary residence at his home in New Jersey. The respondent moves for summary judgment pursuant to CPLR 3212, arguing that, during the lease renewal period (120 to 150 days prior to the expiration of his lease) the premises were his primary residence and, as a matter of law, his right to…

2Cases cited11 opinions

  1. New York University v. FarkasCivil Court of the City of New York · 1983
  2. 520 East 81st Street Associates v. Lenox Hill HospitalNew York Court of Appeals · 1976
  3. Wissner v. 15 West 72nd Street AssociatesAppellate Division of the Supreme Court of the State of New York · 1982
  4. Short v. GravesAppellate Terms of the Supreme Court of New York · 1981
  5. 520 East 81st Street Associates v. Lenox Hill HospitalAppellate Terms of the Supreme Court of New York · 1974

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

3Cited by16 opinions

  1. Cox v. J.D. Realty AssociatesAppellate Division of the Supreme Court of the State of New York · 1995
  2. Briar Hill Apartments Co. v. TepermanAppellate Division of the Supreme Court of the State of New York · 1991
  3. Bruenn v. ColeAppellate Division of the Supreme Court of the State of New York · 1991
  4. Park South Associates v. MasonAppellate Terms of the Supreme Court of New York · 1984
  5. Lufkin v. DragoCivil Court of the City of New York · 1984

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

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