Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
35 New York opinions name it 11 courts 1874–2026 3 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Schwartz v. Weiss-Newellgreen2 sentences2025At a minimum, a proper demand must "fairly afford the tenant . . . actual notice of the alleged amount due and of the period for which such claim is made." ( Schwartz , 87 Misc 2d at 561 ; see also 542 Holding Corp. v Prince Fashions, Inc. , 46 AD3d 309, 311 [1st Dept 2007]; EOM 106-15 217th Corp. v Severine , 62 Misc 3d 141[A] , 2019 NY Slip Op 50068[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]). 2000Auth., 88 Misc 2d 121 ; Lanz v Lifrieri, 104 AD2d 400, 401 ; but cf., MSG Pomp Corp. v Doe, 185 AD2d 798 ), so that cases may be disposed of on the merits, we discern no defect — and certainly no ‘jurisdictional defect’— which would preclude this garden-variety nonpayment proceeding from going forward. “ ‘A proper demand for rent must fairly afford the tenant. . . actual notice of the alleged amount due and of the period for which such claim is made’ (Schwartz v Weiss-Newell, 87 Misc 2d 558, 561 ). | 3 | 6 |
Awaraka v. Board of Educationgreen2 sentences2014We thus conclude that the court erred to the extent it determined that the petition is time-barred (cf. Matter of Awaraka v Board of Educ. of City of N.Y., 59 AD3d 442, 443 [2009]). 2014We thus conclude that the court erred to the extent it determined that the petition is time-barred (cf. Matter of Awaraka v Board of Educ. of City of N.Y., 59 AD3d 442, 443 [2009]). | 2 | 3 |
Pozo v. Impressive Homes, Inc.green2 sentences2019We find unavailing plaintiff's reliance on a line of cases containing statements to the [*16]effect that, in light of Real Property Law § 316 (providing that indexes "form a part of the record of each instrument hereafter recorded"), "[a]n error in indexing prevents the record from constituting constructive notice of the filed instrument for the period that the error remains uncorrected" ( Baccari , 70 AD2d at 202 ; see also Del Pozo v Impressive Homes, Inc. , 95 AD3d 1267, 1268 [2d Dept 2012] [same]; but see Real Property Law § 317 [providing that an instrument delivered to a recording office 2019We find unavailing plaintiff's reliance on a line of cases containing statements to the [*16]effect that, in light of Real Property Law § 316 (providing that indexes "form a part of the record of each instrument hereafter recorded"), "[a]n error in indexing prevents the record from constituting constructive notice of the filed instrument for the period that the error remains uncorrected" ( Baccari , 70 AD2d at 202 ; see also Del Pozo v Impressive Homes, Inc. , 95 AD3d 1267, 1268 [2d Dept 2012] [same]; but see Real Property Law § 317 [providing that an instrument delivered to a recording office | 2 | 2 |
Baccari v. De Santigreen2 sentences2019We find unavailing plaintiff's reliance on a line of cases containing statements to the [*16]effect that, in light of Real Property Law § 316 (providing that indexes "form a part of the record of each instrument hereafter recorded"), "[a]n error in indexing prevents the record from constituting constructive notice of the filed instrument for the period that the error remains uncorrected" ( Baccari , 70 AD2d at 202 ; see also Del Pozo v Impressive Homes, Inc. , 95 AD3d 1267, 1268 [2d Dept 2012] [same]; but see Real Property Law § 317 [providing that an instrument delivered to a recording office 2019We find unavailing plaintiff's reliance on a line of cases containing statements to the [*16]effect that, in light of Real Property Law § 316 (providing that indexes "form a part of the record of each instrument hereafter recorded"), "[a]n error in indexing prevents the record from constituting constructive notice of the filed instrument for the period that the error remains uncorrected" ( Baccari , 70 AD2d at 202 ; see also Del Pozo v Impressive Homes, Inc. , 95 AD3d 1267, 1268 [2d Dept 2012] [same]; but see Real Property Law § 317 [providing that an instrument delivered to a recording office | 1 | 3 |
Solow v. Wellnergreen1 sentence2026In addition, there is no evidence that defendants left their apartment or failed to return due to faulty electrical wiring or any other condition that represented a threat to their safety or otherwise rendered their apartment uninhabitable ( see Adler, 126 AD3d at 545 ; see also Solow v Wellner , 86 NY2d 582, 588-589 [1995]). | 1 | 1 |
Genson v. Sixty Sutton Corp.green1 sentence2026Defendants did not live in the apartment during the period for which they claim a breach, and thus are not entitled to compensation ( see Genson v Sixty Sutton Corp. , 74 AD3d 560, 560 [1st Dept 2010]; see also Adler v Ogden CAP Props. , 126 AD3d 544, 545 [1st Dept 2015]). | 1 | 1 |
Adler v. Ogden CAP Propertiesgreen2 sentences2026Defendants did not live in the apartment during the period for which they claim a breach, and thus are not entitled to compensation ( see Genson v Sixty Sutton Corp. , 74 AD3d 560, 560 [1st Dept 2010]; see also Adler v Ogden CAP Props. , 126 AD3d 544, 545 [1st Dept 2015]). 2026In addition, there is no evidence that defendants left their apartment or failed to return due to faulty electrical wiring or any other condition that represented a threat to their safety or otherwise rendered their apartment uninhabitable ( see Adler, 126 AD3d at 545 ; see also Solow v Wellner , 86 NY2d 582, 588-589 [1995]). | 1 | 1 |
Ebony J. v. Clarence D.green1 sentence2025At a minimum, a proper demand must "fairly afford the tenant . . . actual notice of the alleged amount due and of the period for which such claim is made." ( Schwartz , 87 Misc 2d at 561 ; see also 542 Holding Corp. v Prince Fashions, Inc. , 46 AD3d 309, 311 [1st Dept 2007]; EOM 106-15 217th Corp. v Severine , 62 Misc 3d 141[A] , 2019 NY Slip Op 50068[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]). | 1 | 1 |
People v. Gonzalezgreen2 sentences2017Dissenting Opinion I respectfully dissent and vote to reverse, as the trial court's determination that this 40-year rent stabilized tenant of advanced years, with serious medical issues, "did not maintain a nexus to the apartment during the relevant period of inquiry prior to the expiration of [tenant's] [*2] last lease" is unsupported, "under any fair interpretation of evidence" ( 409-411 Sixth St., LLC v Mogi , 22 NY3d 875 , 876-877 [2013], quoting Claridge Gardens v Menotti , 160 AD2d 544, 544-545 [1st Dept 1990]). 2017Dissenting Opinion I respectfully dissent and vote to reverse, as the trial court's determination that this 40-year rent stabilized tenant of advanced years, with serious medical issues, "did not maintain a nexus to the apartment during the relevant period of inquiry prior to the expiration of [tenant's] [*2] last lease" is unsupported, "under any fair interpretation of evidence" ( 409-411 Sixth St., LLC v Mogi , 22 NY3d 875 , 876-877 [2013], quoting Claridge Gardens v Menotti , 160 AD2d 544, 544-545 [1st Dept 1990]). | 1 | 1 |
People v. Quinonesgreen1 sentence2017Defendant’s contention that the court gave an improper instruction to the jury with respect to drawing an inference *1839 from defendant’s exercise of his right to represent himself is not preserved for our review (see People v Quinones, 235 AD2d 437, 437 [1997], lv denied 90 NY2d 862 [1997]). | 1 | 1 |
Empire State Building Associates v. Trump Empire State Partnersgreen1 sentence2012Here, the plain language of the lease similarly provides for a scenario where tenant may not be able to cure a defect within the 10 day period; landlord should be bound by the terms of the agreement (see Empire State Bldg., 245 AD2d at 228 [“the existence of a period in which a violation may be cured does not depend on the contents of the notice of default, but upon the terms of the lease” (emphasis added)]).. | 1 | 1 |
Zenila Realty Corp. v. Masterandreagreen1 sentence2000Realty Assocs. v Jorrin, 166 Misc 2d 175,178 [Civ Ct, NY County 1995], affd 169 Misc 2d 292 [App Term, 1st Dept 1996]; Zenila Realty v Masterandrea, 123 Misc 2d 1, 10 [Civ Ct, NY County 1984]; 1675 Realty Co. v Quinones, 152 Misc 2d 393, 394 [Civ Ct, Bronx County 1991].) Thus the rent demand “must fairly afford the tenant, at least, actual notice of the alleged amount due and of the period for which such claim is made. | 1 | 1 |
1675 Realty Co. v. Quinonesgreen1 sentence2000Realty Assocs. v Jorrin, 166 Misc 2d 175,178 [Civ Ct, NY County 1995], affd 169 Misc 2d 292 [App Term, 1st Dept 1996]; Zenila Realty v Masterandrea, 123 Misc 2d 1, 10 [Civ Ct, NY County 1984]; 1675 Realty Co. v Quinones, 152 Misc 2d 393, 394 [Civ Ct, Bronx County 1991].) Thus the rent demand “must fairly afford the tenant, at least, actual notice of the alleged amount due and of the period for which such claim is made. | 1 | 1 |
J.D. Realty Associates v. Jorringreen1 sentence2000Realty Assocs. v Jorrin, 166 Misc 2d 175,178 [Civ Ct, NY County 1995], affd 169 Misc 2d 292 [App Term, 1st Dept 1996]; Zenila Realty v Masterandrea, 123 Misc 2d 1, 10 [Civ Ct, NY County 1984]; 1675 Realty Co. v Quinones, 152 Misc 2d 393, 394 [Civ Ct, Bronx County 1991].) Thus the rent demand “must fairly afford the tenant, at least, actual notice of the alleged amount due and of the period for which such claim is made. | 1 | 1 |
| In re the Estate of Crichtongreen | 1 | 1 |
| Morgan v. Herzoggreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Schwartz v. Weiss-Newellgreen2 sentences2025At a minimum, a proper demand must "fairly afford the tenant . . . actual notice of the alleged amount due and of the period for which such claim is made." ( Schwartz , 87 Misc 2d at 561 ; see also 542 Holding Corp. v Prince Fashions, Inc. , 46 AD3d 309, 311 [1st Dept 2007]; EOM 106-15 217th Corp. v Severine , 62 Misc 3d 141[A] , 2019 NY Slip Op 50068[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]). 2000Auth., 88 Misc 2d 121 ; Lanz v Lifrieri, 104 AD2d 400, 401 ; but cf., MSG Pomp Corp. v Doe, 185 AD2d 798 ), so that cases may be disposed of on the merits, we discern no defect — and certainly no ‘jurisdictional defect’— which would preclude this garden-variety nonpayment proceeding from going forward. “ ‘A proper demand for rent must fairly afford the tenant. . . actual notice of the alleged amount due and of the period for which such claim is made’ (Schwartz v Weiss-Newell, 87 Misc 2d 558, 561 ). | 1 | 6 |
MSG Pomp Corp. v. Doegreen1 sentence2000Auth., 88 Misc 2d 121 ; Lanz v Lifrieri, 104 AD2d 400, 401 ; but cf., MSG Pomp Corp. v Doe, 185 AD2d 798 ), so that cases may be disposed of on the merits, we discern no defect — and certainly no ‘jurisdictional defect’— which would preclude this garden-variety nonpayment proceeding from going forward. “ ‘A proper demand for rent must fairly afford the tenant. . . actual notice of the alleged amount due and of the period for which such claim is made’ (Schwartz v Weiss-Newell, 87 Misc 2d 558, 561 ). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Lew Morris Demolition Co. v. Board of Education
green
1 sentence2024This quote, however, is not applicable here as it addresses a different rule that governs the tolling of a limitations period based on a debtor's partial payment of an admitted debt (see Lew Morris Demolition Co., 40 NY2d at 521 ). | 1 | 2024–2024 |
People v. Nesmith
green
1 sentence2017Contrary to defendant’s contention, he was afforded effective assistance of counsel during the period of defense counsel’s representation (see Brown, 6 AD3d at 1126 ). | 1 | 2017–2017 |
409-411 Sixth Street, LLC v. Mogi
green
2 sentences2017Dissenting Opinion I respectfully dissent and vote to reverse, as the trial court's determination that this 40-year rent stabilized tenant of advanced years, with serious medical issues, "did not maintain a nexus to the apartment during the relevant period of inquiry prior to the expiration of [tenant's] [*2] last lease" is unsupported, "under any fair interpretation of evidence" ( 409-411 Sixth St., LLC v Mogi , 22 NY3d 875 , 876-877 [2013], quoting Claridge Gardens v Menotti , 160 AD2d 544, 544-545 [1st Dept 1990]). 2017Dissenting Opinion I respectfully dissent and vote to reverse, as the trial court's determination that this 40-year rent stabilized tenant of advanced years, with serious medical issues, "did not maintain a nexus to the apartment during the relevant period of inquiry prior to the expiration of [tenant's] [*2] last lease" is unsupported, "under any fair interpretation of evidence" ( 409-411 Sixth St., LLC v Mogi , 22 NY3d 875 , 876-877 [2013], quoting Claridge Gardens v Menotti , 160 AD2d 544, 544-545 [1st Dept 1990]). | 1 | 2017–2017 |
Brusco v. Miller
green
1 sentence2016The written rent demand satisfied the requirements of RPAPL § 711(2) by affording tenant notice of the alleged amount due and the period for which such claim was made ( see Brusco v Miller , 167 Misc 2d 54 [1995]). | 1 | 2016–2016 |
Lanz v. Lifrieri
green
1 sentence2000Auth., 88 Misc 2d 121 ; Lanz v Lifrieri, 104 AD2d 400, 401 ; but cf., MSG Pomp Corp. v Doe, 185 AD2d 798 ), so that cases may be disposed of on the merits, we discern no defect — and certainly no ‘jurisdictional defect’— which would preclude this garden-variety nonpayment proceeding from going forward. “ ‘A proper demand for rent must fairly afford the tenant. . . actual notice of the alleged amount due and of the period for which such claim is made’ (Schwartz v Weiss-Newell, 87 Misc 2d 558, 561 ). | 1 | 2000–2000 |
Jackson v. New York City Housing Authority
green
1 sentence2000Auth., 88 Misc 2d 121 ; Lanz v Lifrieri, 104 AD2d 400, 401 ; but cf., MSG Pomp Corp. v Doe, 185 AD2d 798 ), so that cases may be disposed of on the merits, we discern no defect — and certainly no ‘jurisdictional defect’— which would preclude this garden-variety nonpayment proceeding from going forward. “ ‘A proper demand for rent must fairly afford the tenant. . . actual notice of the alleged amount due and of the period for which such claim is made’ (Schwartz v Weiss-Newell, 87 Misc 2d 558, 561 ). | 1 | 2000–2000 |
J.D. Realty Assocs. v. Scoullar
green
1 sentence2000Realty Assocs. v Jorrin, 166 Misc 2d 175,178 [Civ Ct, NY County 1995], affd 169 Misc 2d 292 [App Term, 1st Dept 1996]; Zenila Realty v Masterandrea, 123 Misc 2d 1, 10 [Civ Ct, NY County 1984]; 1675 Realty Co. v Quinones, 152 Misc 2d 393, 394 [Civ Ct, Bronx County 1991].) Thus the rent demand “must fairly afford the tenant, at least, actual notice of the alleged amount due and of the period for which such claim is made. | 1 | 2000–2000 |
Goldstein v. Hutton, Ingram, Yuzek, Gainen Carroll & Bertolotti
green
1 sentence1999(See also, Goldstein v Hutton, Ingram, Yuzek, Gainen Carroll & Bertolotti, 39 F Supp 2d 394 [US Dist Ct, SD NY 1999]; Romea v Heiberger & Assocs., 163 F3d 111 [2d Cir 1998].) The second question concerns whether the same notice is so misleading and deceptive that it fails to give clear and unequivocal notice of the amount due and the period for which the claim is made. | 1 | 1999–1999 |
Jennifer Lynn Romea v. Heiberger & Associates
green
1 sentence1999(See also, Goldstein v Hutton, Ingram, Yuzek, Gainen Carroll & Bertolotti, 39 F Supp 2d 394 [US Dist Ct, SD NY 1999]; Romea v Heiberger & Assocs., 163 F3d 111 [2d Cir 1998].) The second question concerns whether the same notice is so misleading and deceptive that it fails to give clear and unequivocal notice of the amount due and the period for which the claim is made. | 1 | 1999–1999 |
Derle v. North Bellmore Union Free School District
neutral
1 sentence1990We remitted the matter to the Supreme Court, Nassau County, for a determination as to whether the petitioner was entitled to salary payments for the period from August 11, 1985, until his retirement on December 15, 1985 (Matter of Derle v North Bellmore Union Free School Dist., 134 AD2d 257 ). | 1 | 1990–1990 |
People v. Battles
neutral
1 sentence1984A review of the record indicates that during this period defense counsel was not ready to go to trial and requested adjournments due to various reasons including (1) lack of receipt of test results performed by the defendant’s experts, (2) defense counsel’s vacation and (3) the absence of defendant’s expert from the country. 1 Accordingly, since 79 days of delay were improperly charged by Criminal Term to the People, there remain only 180 days of delay chargeable to them. 2 The People had to be ready for trial within six calendar months after commencement of the criminal action, which is not n | 1 | 1984–1984 |
People v. Smith
neutral
2 sentences1984A review of the record indicates that during this period defense counsel was not ready to go to trial and requested adjournments due to various reasons including (1) lack of receipt of test results performed by the defendant’s experts, (2) defense counsel’s vacation and (3) the absence of defendant’s expert from the country. 1 Accordingly, since 79 days of delay were improperly charged by Criminal Term to the People, there remain only 180 days of delay chargeable to them. 2 The People had to be ready for trial within six calendar months after commencement of the criminal action, which is not n 1984In the case at bar, the relevant six-month period (from the latter part of August through the latter part of February) totaled 184 days, and the People were required to be ready within that period unless there were excludable periods (People v Osgood, 52 NY2d 37; People v Sturgis, 38 NY2d 625, 627 ; People v Smith, supra). | 1 | 1984–1984 |
People v. Sturgis
green
1 sentence1984In the case at bar, the relevant six-month period (from the latter part of August through the latter part of February) totaled 184 days, and the People were required to be ready within that period unless there were excludable periods (People v Osgood, 52 NY2d 37; People v Sturgis, 38 NY2d 625, 627 ; People v Smith, supra). | 1 | 1984–1984 |
People v. Osgood
green
1 sentence1984In the case at bar, the relevant six-month period (from the latter part of August through the latter part of February) totaled 184 days, and the People were required to be ready within that period unless there were excludable periods (People v Osgood, 52 NY2d 37; People v Sturgis, 38 NY2d 625, 627 ; People v Smith, supra). | 1 | 1984–1984 |
People ex rel. Gatti v. Smith
neutral
1 sentence1980Further, the record is void of any proof by the department, as petitioner under section 454 of the Family Court Act, concerning respondent’s income or ability to pay support during the period under inquiry (Matter of Continelli v Continelli, 55 AD2d 1016 ). | 1 | 1980–1980 |
| Ebbets v. State green | 1 | 1979–1979 |
| Intercontinental Hotels Corp. v. Golden green | 1 | 1975–1975 |
| Sniadach v. Family Finance Corp. of Bay View green | 1 | 1971–1971 |
| Herman v. . Board of Education green | 1 | 1962–1962 |
| Lessin v. Board of Education green | 1 | 1962–1962 |
| In re the Will of Dettmer neutral | 1 | 1959–1959 |
| In re the Estate of Dettmer neutral | 1 | 1959–1959 |
| In Re the Will of Dettmer neutral | 1 | 1959–1959 |
| Matter of Met. Life Ins. Co. v. Conway green | 1 | 1956–1956 |
| Duryea v. . Bliven green | 1 | 1953–1953 |
| In re the Estate of Noel neutral | 1 | 1953–1953 |
| In re the Estate of Dreyfuss neutral | 1 | 1946–1946 |
| First National Bank of New York v. Bankers Trust Co. green | 1 | 1937–1937 |
| Walker v. . the Bank of the State of New-York neutral | 1 | 1887–1887 |
| White v. . Madison green | 1 | 1887–1887 |
| Carson v. Murray green | 1 | 1882–1882 |
| Thorn v. Helmer neutral | 1 | 1874–1874 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.