Legal Opinion

443 East 78 Realty LLC v. Tupas

Appellate Terms of the Supreme Court of New York

Decided June 30, 2015PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Final judgment, entered on or about October 10, 2013, modified to vacate so much thereof as afforded tenant a postjudgment opportunity to cure; as modified, final judgment affirmed, without costs. Execution of the warrant of eviction shall be stayed for 60 days from service of a copy of this order, with notice of entry. Appeal from order, dated March 31, 2014, dismissed, without costs, as academic.

After trial, Civil Court determined that an actionable nuisance was created by the dangerous accumulation of refuse and debris that was stacked “from the floor to ceiling”…

3Cases cited5 opinions

  1. Domen Holding Co. v. AranovichNew York Court of Appeals · 2003
  2. Frank v. Park Summit Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1991
  3. Frank v. Park Summit Realty Corp.New York Court of Appeals · 1991
  4. Chi-Am Realty, LLC v. GuddahlAppellate Division of the Supreme Court of the State of New York · 2006
  5. Cabrini Terrace Joint Venture v. O'BrienAppellate Division of the Supreme Court of the State of New York · 2010

4Cited by3 opinions

  1. 129th St. Cluster Assoc. v. LevyAppellate Terms of the Supreme Court of New York · 2016
  2. 311 Lincoln Place Inv., LLC v. WoldmarianAppellate Terms of the Supreme Court of New York · 2017
  3. Fotios Lountzis, LLC v. GhauriAppellate Terms of the Supreme Court of New York · 2018

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