Legal Opinion

Mannino v. Fielder

Civil Court of the City of New York

Decided April 28, 1995PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Marc Finkelstein, J.

The issue in this matter is whether a landlord is precluded *606from maintaining a nonpayment proceeding against a tenant who occupies a legal apartment in a two-family house occupied by three families at the time the action was commenced.

The petition herein claims one month unpaid garage rent of $100 and two subsequent months of unpaid apartment rent (at $950 per month) and garage rent (at $100 per month). The petition alleges that the apartment is not subject to rent regulation "by reason of being located in a two (2) family dwelling. ” Further, and most…

2Cases cited8 opinions

  1. Blackgold Realty Corp. v. MilneNew York Court of Appeals · 1987
  2. Hornfeld v. GaareAppellate Division of the Supreme Court of the State of New York · 1987
  3. Corbin v. HarrisNew York Supreme Court · 1977
  4. Washington Square Professional Building, Inc. v. LeaderCivil Court of the City of New York · 1971
  5. Chan v. KormendiCivil Court of the City of New York · 1983

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3Cited by1 opinion

  1. Holder v. WilliamsCivil Court of the City of New York · 2001

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