Legal Opinion
Cassorla v. Foster
Appellate Terms of the Supreme Court of New York
Decided March 3, 2004PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Final judgment entered October 2, 2002 affirmed, with $25 costs.
Order entered November 21, 2002 affirmed, with $10 costs.
A fair interpretation of the voluminous trial evidence supports the trial court’s finding that landlord’s building was not substantially rehabilitated and thus not exempt from rent stabilization (see, McKinney’s Uncons Laws of NY § 8625 [a] [5] [Emergency Tenant Protection Act of 1974 § 5 (a) (5) (L 1974, ch 576, § 4)]; Rent Stabilization Code [9 NYCRR] § 2520.11 [e]), warranting dismissal of the holdover petition. Landlord’s evidence was insufficient to…
3Cases cited6 opinions
- Claridge Gardens, Inc. v. MenottiAppellate Division of the Supreme Court of the State of New York · 1990
- Excelsior 57th Corp. v. WintersAppellate Division of the Supreme Court of the State of New York · 1996
- Centennial Restorations Co. v. WyattAppellate Division of the Supreme Court of the State of New York · 1998
- Pape v. DoarAppellate Division of the Supreme Court of the State of New York · 1990
- H.M. Village Realty v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2003
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4Cited by1 opinion
- Heller v. CooperAppellate Terms of the Supreme Court of New York · 2018