Marriott v. Shaw
Civil Court of the City of New York
1Opinion of the Court
OPINION OF THE COURT
Marcy S. Friedman, J.
Respondent moves for summary judgment dismissing this nonpayment eviction proceeding on the ground of loches. The *939motion is granted to the extent of permitting petitioner to maintain a possessory claim solely for the three months’ rent which accrued prior to the commencement of this proceeding, and a money claim for all prior months.
The proceeding was commenced by petition and notice of petition, dated April 22, 1991. The petition claimed rent arrears of $8,200 for the 25 months from April 1989 to April 1991, at the monthly rate of $328. Respondent…
2Cases cited16 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
- Freedman v. Chemical Construction Corp.New York Court of Appeals · 1977
- Di Sabato v. SoffesAppellate Division of the Supreme Court of the State of New York · 1959
- Kuehne & Nagel, Inc. v. BaidenNew York Court of Appeals · 1975
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3Cited by2 opinions
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- Robinson v. RoblesRochester City Court · 2010