Legal Opinion
Morris v. Local 804 Delivery & Warehouse Employees Health & Welfare Fund
Civil Court of the City of New York
Decided October 21, 1982PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
William D. Friedmann, J.
A motion to dismiss is considered in the context of a summary nonpayment proceeding. Landlord sought to recover unpaid rent, under a prior terminated lease, for the period February 1, 1981 to November 1, 1981. There was no allegation that tenant was in default under its current lease.
CONTENTIONS OF PARTIES
In support of its motion to dismiss tenant contends, that the petition, among other grounds, does not give this court jurisdiction in that it should have been brought as a plenary or action at law and not as a summary proceeding. Landlord counters…
2Cases cited12 opinions
- Wasservogel v. MeyerowitzNew York Court of Appeals · 1949
- Great Park Corp. v. GoldbergerCivil Court of the City of New York · 1964
- Radlog Realty Corp. v. GeigerAppellate Division of the Supreme Court of the State of New York · 1938
- City of New York v. BetancourtAppellate Terms of the Supreme Court of New York · 1974
- Printerion Realty Corp. v. Fischer-Partelow, Inc.Appellate Terms of the Supreme Court of New York · 1938
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988
- Jass v. Prudential Health Care Plan, Inc.Court of Appeals for the Seventh Circuit · 1996
- Nealy v. U.S. Healthcare HMODistrict Court, S.D. New York · 1994
- 650 Park Avenue Corp. v. McRaeDistrict Court, S.D. New York · 1987
- 20 Employee Benefits Cas. 1580, Pens. Plan Guide P 23922n Betty Jass v. Prudential Health Care Plan, Incorporated, a Corporation, Karen Margulis and Peter J. Anderson, M.D.Court of Appeals for the Seventh Circuit · 1996
2 more not listed; retrieve them via the Exa API.