Legal Opinion

Gardens Nursery School v. Columbia University

Civil Court of the City of New York

Decided May 4, 1978PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Burton S. Sherman, J.

The respondent, a landlord, moves to dismiss for lack of subject matter jurisdiction this summary proceeding brought by an alleged lessee.

The petitioner seeks possession of a premises by virtue of *377an oral lease. It admits that it has never been in possession of the premises, but claims that an oral lease was negotiated and all the terms and conditions were agreed upon. Petitioner relies upon sections 204 and 212 of the New York City Civil Court Act (CCA) and subdivision 10 of section 721 of the Real Property Actions and Proceedings Law (previously subd…

2Cases cited2 opinions

  1. Michaels v. . FishelNew York Court of Appeals · 1902
  2. Lex-56th Corp. v. MorganCity of New York Municipal Court · 1960

3Cited by7 opinions

  1. Van Wagner Advertising Corp. v. S & M EnterprisesNew York Court of Appeals · 1986
  2. Haskell v. SuritaCivil Court of the City of New York · 1981
  3. Dolan v. LinnenCivil Court of the City of New York · 2003
  4. 950 Third Ave Co. v. Eastland Industries, Inc.Civil Court of the City of New York · 1983
  5. Hispano Americano Advertising, Inc. v. DryerCivil Court of the City of New York · 1982

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