Legal Opinion

Rakowsky v. Excelsior 57th Corp.

Civil Court of the City of New York

Decided August 25, 1995PublishedCited by 1 opinion

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

  1. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  2. Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
  3. 219 Broadway Corp. v. Alexander's, Inc.New York Court of Appeals · 1979
  4. Cohn v. Lionel Corp.New York Court of Appeals · 1968
  5. Zuckerman v. 33072 Owners Corp.Appellate Division of the Supreme Court of the State of New York · 1983

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

3Cited by1 opinion

  1. Reilly v. Riviera Towers Corp.New Jersey Superior Court Appellate Division · 1998

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