Legal Opinion

Breyre v. Meyer

Appellate Terms of the Supreme Court of New York

Decided April 16, 2010Published

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Order, dated September 26, 2008, affirmed, with $10 costs, for the reasons stated by Peter M. Wendt, J., at Civil Court.

We agree that appellant’s alleged attainment of senior citizen status — months after completion of a lengthy trial, entry of an unappealed possessory judgment in landlords’ favor, and landlords’ timely application for a warrant of eviction — did not serve to trigger the equivalent housing provisions of Rent Stabilization Code (9 NYCRR) § 2524.4 (a) (2). The cited Code section requires a landlord seeking to recover a stabilized apartment for personal use…

3Cases cited4 opinions

  1. MATTER OF McMURRAY v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWALNew York Court of Appeals · 1988
  2. Blane v. IslesAppellate Terms of the Supreme Court of New York · 1988
  3. Croman v. LeightonAppellate Terms of the Supreme Court of New York · 2006
  4. MH Residential 1, LLC v. BarrettAppellate Terms of the Supreme Court of New York · 2008

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