Legal Opinion

Rosefan Construction Corp. v. Salazar

Civil Court of the City of New York

Decided July 15, 1982PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Maurice Harbater, J.

ISSUES

May the executor of the estate of a deceased rent-stabilized tenant stand in the same shoes as his testator, with the same right to assign the unexpired residential lease? Or, does section 226-b of the Real Property Law and its most recent interpretation by the appellate courts repeal, abrogate or modify the effects of the older statute, section 236 of the Real Property Law, regarding the assignment of a lease of a deceased tenant? The above are issues of first impression, heretofore not dealt with.

FACTS

Petitioner, Rosefan Construction Corp.,…

2Cases cited8 opinions

  1. Conrad v. Third Sutton Realty Co.Appellate Division of the Supreme Court of the State of New York · 1981
  2. Francis v. FergusonNew York Court of Appeals · 1927
  3. Kruger v. Page Management Co.New York Supreme Court · 1980
  4. Remford Corp. v. RosenfeldAppellate Division of the Supreme Court of the State of New York · 1948
  5. Schnee v. Jonas Equities, Inc.Appellate Terms of the Supreme Court of New York · 1981

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Kassover v. Gordon Family Associates, Inc.Civil Court of the City of New York · 1983
  2. Concourse Village, Inc. v. BilottiCivil Court of the City of New York · 1986
  3. Poulakas v. OrtizCivil Court of the City of New York · 2009
  4. Cavanagh v. 133-22nd Street Jackson Heights Inc.New York Supreme Court · 1996
  5. Joint Properties Owners, Inc. v. DeriCivil Court of the City of New York · 1984

1 more not listed; retrieve them via the Exa API.

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