Rakowsky v. Excelsior 57th Corp.
Civil Court of the City of New York
1Opinion of the Court
OPINION OF THE COURT
Debra A. James, J.
In this action, plaintiffs seek recovery of $7,555.68 plus interest, which represents a sublet fee they paid to defendant cooperative corporation as a condition to subletting their residential apartment. The complaint also seeks to recover attorney’s fees, pursuant to Real Property Law § 234.
Defendant makes a preanswer motion to dismiss this action on the grounds that a defense is founded upon documentary evidence and the pleading fails to state a cause of action pursuant to CPLR 3211 (a) (1) and (7), respectively. Plaintiffs cross-move for summary…
2Cases cited12 opinions
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- 219 Broadway Corp. v. Alexander's, Inc.New York Court of Appeals · 1979
- Cohn v. Lionel Corp.New York Court of Appeals · 1968
- Zuckerman v. 33072 Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1983
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3Cited by1 opinion
- Reilly v. Riviera Towers Corp.New Jersey Superior Court Appellate Division · 1998