green
Positive treatment
6.1 score
Top citers, strongest first. 3 distinct citers.
How cited ↗
discussed
Cited "see"
200 Haven Owner, LLC v. Drachman
(2×)
Since the tenant remained in continuous possession of the premises as a named tenant since 2013, there was no "actual physical vacancy" or "hiatus in possession" so as to trigger deregulation ( 132132 LLC v Strasser, 19 Misc 3d 658, 660 [Civ Ct, NY County 2008], affirmed as modified , 24 Misc 3d 140[A], 2009 NY Slip Op 51694[U] [App Term, 1st Dept 2009]; see Matter of Ghignone v Joy , 55 NY2d 853 [1982]; Matter of Hoy v State of NY Div. of Hous. & Community Renewal , 233 AD2d 120 [1996]).
discussed
Cited "see"
22 Employee Benefits Cas. 1208, Pens. Plan Guide (Cch) P 23942y Robert D. Krumme, Gordon E. Allen John Currier Nicholas Pallotta James J. Dunne Leo Fornero Gerard P. Mandry Norman K. Matheson Cochran P. Supplee and Bruce E. Moore v. Westpoint Stevens Inc., Formerly Known as West Point-Pepperell, Inc., Defendant-Appellant-Cross-Appellee, C. Powers Dorsett and D. Michael Roark, Defendants-Cross-Appellees
(2×)
However, "[i]f the acceptance of an offer is initially unconditional, the fact that it is accompanied with a direction or a request looking to the carrying out of its provisions, but which does not limit or restrict the contract, does not render it ineffectual or give it the character of a counteroffer." Valashinas v. Koniuto, 283 A.D. 13, 17 , 125 N.Y.S.2d 554, 558 (N.Y.App.Div.1953), aff'd, 308 N.Y. 233, 239 , 124 N.E.2d 300, 302 (1954) (A "suggestion, request or overture" in an acceptance are not conditions); see Matter of McManus, 83 A.D.2d 553, 558 , 440 N.Y.S.2d 954, 957 (N.Y.App.Div.198…
discussed
Cited "see"
Krumme v. Westpoint Stevens Inc.
However, “[i]f the acceptance of an offer is initially unconditional, the fact that it is accompanied with a direction or a request looking to the carrying out of its provisions, but which does not limit or restrict the contract, does not render it ineffectual or give it the character of a counteroffer.” Valashinas v. Koniuto, 283 A.D. 13, 17 , 125 N.Y.S.2d 554, 558 (N.Y.App.Div.1953), aff'd, 308 N.Y. 233, 239 , 124 N.E.2d 300, 302 (1954) (A “suggestion, request or overture” in an acceptance are not conditions); see Matter of McManus, 83 A.D.2d 553, 558 , 440 N.Y.S.2d 954, 957 (N.Y.App…
Retrieving the full opinion text from the archive…
In the Matter of Gertrude Ghignone
v.
Daniel W. Joy, as Commissioner of the Office of Rent and Housing Maintenance
v.
Daniel W. Joy, as Commissioner of the Office of Rent and Housing Maintenance
New York Court of Appeals.
Jan 14, 1982.
432 N.E.2d 601
APPEARANCES OF COUNSEL, John G. Hall for appellant., Harry Michelson and Stephen H. Deutschmeister for respondents.
Cited by 4 opinions | Published
[*855] OPINION OF THE COURT
On summary consideration, order affirmed, with costs. Mrs. Thompson is clearly entitled to “use or possession” of the apartment within the meaning of the decontrol provisions of the rent control statute, and has resided there continually since 1942. Accordingly, there has been no hiatus in possession or actual physical vacancy of the premises by the statutory tenant as would be required to support an order of decontrol.
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Jones.