Legal Opinion

Marriott v. Shaw

Civil Court of the City of New York

Decided July 30, 1991PublishedCited by 2 opinions

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

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  3. Freedman v. Chemical Construction Corp.New York Court of Appeals · 1977
  4. Di Sabato v. SoffesAppellate Division of the Supreme Court of the State of New York · 1959
  5. Kuehne & Nagel, Inc. v. BaidenNew York Court of Appeals · 1975

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3Cited by2 opinions

  1. 1515 Macombs, LLC v. JacksonCivil Court of the City of New York · 2015
  2. Robinson v. RoblesRochester City Court · 2010

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