Legal Opinion
233 East 5th Street LLC v. Smith
Appellate Terms of the Supreme Court of New York
Decided December 8, 2016PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order dated April 5, 2016 reversed, with $10 costs, tenants’ cross motion denied, petition reinstated and landlord’s motion for summary judgment of possession granted. Issuance of the warrant of eviction shall be stayed for 30 days after service of a copy of this order with notice of entry.
Landlord established, prima facie, that the subject apartment was deregulated before tenants took occupancy in November 2003. Landlord’s evidentiary submissions demonstrated that tenants’ predecessor, one James Henderson, occupied the apartment as a rent-stabilized tenant from October…
3Cases cited5 opinions
- Roberts v. Tishman Speyer Properties, L.P.New York Court of Appeals · 2009
- Roberts v. Tishman Speyer Properties, L.P.Appellate Division of the Supreme Court of the State of New York · 2009
- JEMROCK REALTY CO., LLC. v. KrugmanNew York Court of Appeals · 2010
- Altman v. 285 West Fourth, LLCAppellate Division of the Supreme Court of the State of New York · 2015
- Aimco 322 East 61st Street, LLC v. BrosiusAppellate Terms of the Supreme Court of New York · 2015
4Cited by2 opinions
- 191 Realty Assoc., L.P. v. TejedaAppellate Terms of the Supreme Court of New York · 2019
- B.G.R. Realty LLC v. SteinAppellate Terms of the Supreme Court of New York · 2020