Legal Opinion

Classic Properties v. Martinez

Appellate Terms of the Supreme Court of New York

Decided May 21, 1997PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Order entered October 7, 1996 affirmed, with $10 costs.

After prevailing in this court on his succession claim for possession of the rent-controlled apartment premises (Classic Props. v Martinez, 168 Misc 2d 514), respondent was granted attorney’s fees in Civil Court. We conclude that affirmance is mandated upon the authority of Matter of Duell v Condon (84 NY2d 773, 784), where the Court of Appeals determined that "Real Property Law § 234 applies to a statutory tenant under the rent control law even if not a signatory to the lease” (emphasis supplied). Although Duell was…

3Cases cited4 opinions

  1. Duell v. CondonNew York Court of Appeals · 1995
  2. Greenberg v. Coronet Properties Co.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Classic Properties, L.P. v. MartinezAppellate Terms of the Supreme Court of New York · 1996
  4. 245 Realty Associates v. SussisAppellate Terms of the Supreme Court of New York · 1996

4Cited by3 opinions

  1. 245 Realty Associates v. SussisAppellate Division of the Supreme Court of the State of New York · 1998
  2. Queens Fresh Meadows, LLC v. NewberryAppellate Terms of the Supreme Court of New York · 2014
  3. 245 Realty Associates v. SussisAppellate Division of the Supreme Court of the State of New York · 1998

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