Legal Opinion
Nestor v. McDowell
New York Court of Appeals
Decided June 10, 1993PublishedCited by 68 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
The central issue on this appeal is whether the opportunity to cure the breach of a lease condition, a remedy available under RPAPL 753 (4), applies to ejectment actions commenced in the Supreme Court by an owner of a rent-stabilized cooperative apartment.
The surviving defendant tenant, Helene Diamond (her husband, defendant Sidney Diamond, died in January 1992) has resided in the rent-stabilized apartment at issue, a five-room leasehold located on Fifth Avenue in Manhattan, since 1965. Plaintiff purchased the shares and ownership of the apartment in 1982…
2Cases cited14 opinions
- Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
- City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
- A. G. Ship Maintenance Corp. v. LezakNew York Court of Appeals · 1986
9 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Duell v. CondonNew York Court of Appeals · 1995
- Park Slope Jewish Center v. Congregation B'nai JacobNew York Court of Appeals · 1997
- Graham Court Owner's Corp. v. Kyle TaylorNew York Court of Appeals · 2015
- Casamento v. JuareguiAppellate Division of the Supreme Court of the State of New York · 2011
- DKR Mortgage Asset Trust 1 v. RiveraAppellate Division of the Supreme Court of the State of New York · 2015
63 more not listed; retrieve them via the Exa API.