76 New York opinions name it 12 courts 1850–2026 18 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 |
|---|---|---|
Gersten v. 56 7th Avenue LLCgreen2 sentences2025LLC, 88 AD3d 189, 199 [1st Dept 2011], appeal withdrawn, 18 NY3d 954 [2012]). 2025LLC , 88 AD3d 189, 199 [1st Dept 2011], appeal withdrawn , 18 NY3d 954 [2012]). | 5 | 5 |
Tower Risk Management v. Ni Chunp Hugreen2 sentences2023Since the policy issued by Lloyd's to the tenant permitted waiver, we find that the waiver clause in the lease bars this action against Forty Seventh Fifth ( see Tower Risk Mgt. v Ni Chunp Hu , 84 AD3d 616, 616 [1st Dept 2011]), and that the court should have granted Forty Seventh Fifth's motion for summary judgment. 2023Since the policy issued by Lloyd's to the tenant permitted waiver, we find that the waiver clause in the lease bars this action against Forty Seventh Fifth ( see Tower Risk Mgt. v Ni Chunp Hu , 84 AD3d 616, 616 [1st Dept 2011]), and that the court should have granted Forty Seventh Fifth's motion for summary judgment. | 2 | 2 |
Barash v. PA. TERM. REAL ESTATE CORP.green2 sentences2024"It has been said to be inequitable for the tenant to claim substantial interference with the beneficial enjoyment of his property and remain in possession without payment of rent" ( Barash v. Pa. Terminal Real Estate Corp. , 26 NY2d 77, 83 , 308 N.Y.S.2d 649, 653 , 256 N.E.2d 707, 710 [1970]). 2024"It has been said to be inequitable for the tenant to claim substantial interference with the beneficial enjoyment of his property and remain in possession without payment of rent" ( Barash v. Pa. Terminal Real Estate Corp. , 26 NY2d 77, 83 , 308 N.Y.S.2d 649, 653 , 256 N.E.2d 707, 710 [1970]). | 1 | 2 |
Frame v. Horizons Wine & Cheese, Ltd.green2 sentences2011Although in cases of partial eviction the tenant’s refusal to pay rent constitutes an election of remedies, and the tenant has no claim for damages, a tenant who elects to remain in possession and pay the rent after a partial eviction may claim damages from his lessor which include consequential damages (see Frame v Horizons Wine & Cheese, 95 AD2d 514, 519 [1983]). 1985In cases of partial eviction “the tenant’s refusal to pay rent constitutes an election of remedies, and the tenant has no claim for damages” (Frame v Horizons Wine & Cheese, 95 AD2d 514, 518 , supra). | 1 | 2 |
Alleghany Pharmacal Corp. v. Parbel of Florida, Inc.green1 sentence2026Tenant's claim that the lease was modified by a prior course of conduct between the parties is barred by the no-waiver provision contained in article 25 of the lease, which provides that landlord's failure to enforce a provision of the lease "shall not prevent a subsequent act which would have originally constituted a violation from having all the force and effect of an original violation." In any event, tenant's proof of an agreement permitting it to pay the real estate tax in installments was conditioned upon it staying current with its rental obligations, which it failed to do.</p> <p>With | 1 | 1 |
Cotrone v. Consolidated Edison Co.green2 sentences2026Tenant's claim that a language barrier prevented her from fully understanding the terms of the stipulation is without merit, as she was offered the opportunity to have a Mandarin interpreter present at multiple appearances but repeatedly declined to utilize an interpreter, and her "pro se papers in both the motion court and this Court indicate that [her] English was strong enough to have grasped the fairly straightforward provisions of the stipulation in issue" ( Starayeva v Starayev , 50 AD3d 354, 354 [2008]). 2026Tenant's claim that a language barrier prevented her from fully understanding the terms of the stipulation is without merit, as she was offered the opportunity to have a Mandarin interpreter present at multiple appearances but repeatedly declined to utilize an interpreter, and her "pro se papers in both the motion court and this Court indicate that [her] English was strong enough to have grasped the fairly straightforward provisions of the stipulation in issue" ( Starayeva v Starayev , 50 AD3d 354, 354 [2008]). | 1 | 1 |
Freeman v. Brechergreen1 sentence2024An "unsubstantiated hope that discovery and time will help salvage [plaintiff's] claims" is an insufficient basis for CPLR 3211(d) discovery ( see Freeman v Brecher , 155 AD3d 453, 454 [1st Dept 2017]). | 1 | 1 |
Swersky v. Dreyer & Traubgreen1 sentence2022Tenant's claim that petitioner failed to volunteer such information is not a proper ground for tenant's defense to this RPAPL 713 (10) proceeding based upon fraudulent misrepresentation ( see Swersky v Dreyer & Traub , 219 AD2d 321, 326 [1996]) or a defense based upon unclean hands ( see National Distillers & Chem. | 1 | 1 |
Kopsidas v. Krokosgreen1 sentence2022Corp. v Seyopp Corp. , 17 NY2d 12 [1966]; Kopsidas v Krokos , 294 AD2d 406, 407 [2002]). | 1 | 1 |
Murphy v. New York State Division of Housing & Community Renewalgreen1 sentence2021"Succession is in the spirit of the statutory scheme, whose goal is to facilitate the availability of affordable housing for low-income residents and to temper the harsh consequences of the death or departure of a tenant for their 'traditional' and 'non traditional' family members" ( Matter of Murphy v New York State Div. of Hous. & Community Renewal , 21 NY3d 649, 653 [2013]). | 1 | 1 |
Corbin v. Brileygreen1 sentence2019"The fact that an apartment is rented without a permit does not preclude the recovery of rent, absent a statutory bar to such recovery" ( Hayes v Ramsey , 60 Misc 3d 137 [A], 2018 NY Slip Op 51114[U] , *1 [App Term, 2d Dept, 9th & 10th Jud Dists 2018]; see Madden v Juillet , 46 Misc 3d 146 [A], 2015 NY Slip Op 50214[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2015]; Sinclair v Ramnarace , 36 Misc 3d 150 [A], 2012 NY Slip Op 51671[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2012]; Corbin v Briley , 192 Misc 2d 503, 504 [App Term, 2d Dept, 9th & 10th Jud Dists 2002]). | 1 | 1 |
Caba v. Raigreen1 sentence2018Church in Jamaica , 100 AD3d 940 , 941 [2012]; Caba v Rai , 63 AD3d 578, 582 [2009]). | 1 | 1 |
| W54-7 LLC v. Schickgreen | 1 | 1 |
| Times Square Stores Corp. v. Bernice Realty Co.green | 1 | 1 |
| Adams v. . City of Cohoesgreen | 1 | 1 |
| Sound Distributing Corp. v. Ponce Acquisition Corp.green | 1 | 1 |
| Hallock v. Stategreen | 1 | 1 |
| Akron Meats, Inc. v. 1418 Kitchens, Inc.green | 1 | 1 |
| 1029 Sixth, LLC v. Riniv Corp.green | 1 | 1 |
| Duell v. Condongreen | 1 | 1 |
| Gerber v. Rosenfeldgreen | 1 | 1 |
| Riverside Research Institute v. KMGA, Inc.green | 1 | 1 |
| Muller v. New York State Division of Housing & Community Renewalgreen | 1 | 1 |
| Bell v. Bursongreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Edgerton v. . Page
green
2 sentences1975It is clear that it would be inequitable for the tenant to claim substantial interference with the beneficial enjoyment of the premises and still remain in possession without the payment of rent (City of New York v Pike Realty Corp., supra; Edgerton v Page, supra; Barash v Pennsylvania Term. 1971It has been said to be inequitable for the tenant to claim substantial interference with the beneficial enjoyment of his property and remain in possession without payment of rent (City of New York v. Pike Realty Corp., supra, 247 N. Y., at p. 247 ; Edgerton v. Page, supra).” In the instant case, tenant was deprived of the beneficial use and enjoyment of her terrace. | 4 | 1970–1975 |
Matter of Susan D. Settenbrino, Pc v. Barroga-Hayes
green
2 sentences2025LLC, 88 AD3d 189, 199 [1st Dept 2011], appeal withdrawn, 18 NY3d 954 [2012]). 2025LLC , 88 AD3d 189, 199 [1st Dept 2011], appeal withdrawn , 18 NY3d 954 [2012]). | 3 | 2025–2025 |
Peerless Candy Co. v. Halbreich
neutral
2 sentences1983Nevertheless the tenant’s refusal to pay rent constitutes an election of remedies, and the tenant has no claim for damages (see 2 Rasch, NY Landlord & Tenant, Summary Proceedings [2d ed], § 983; Peerless Candy Co. v Halbreich, 125 Misc 889 ). 1956Nor would an actual eviction which occurred on only one day in October followed by the resumption of possession by the tenant be a defense to a proceeding for the nonpayment of rent in November (cf. Kermacoe Realty Co. v. McKenna, 132 Misc. 293 ; Peerless Candy Co. v. Halbreich, 125 Misc. 889 ). | 3 | 1956–1985 |
Tracy v. . Albany Exchange Co.
green
2 sentences1979Co., 7 NY 472 , supra; 1 Rasch, New York Landlord and Tenant including Summary Proceedings [2d ed], § 294). 1925(Voege v. Ronalds, 83 Hun, 114 ; Tracy v. Albany Exxchange Co., 7 N. Y. 472 ; West ern Transportation Co. v. Lansing, 49 id. 499 ; Kolasky v. Michels, 120 id. 635; Smith v. Littlefield, 51 id. 539; Pugsley v. Aikin, 11 id. 494.) The holding over by the tenant for the period specified was sufficient evidence of an election on his part to accept the privilege of an extension for one year under the lease, inasmuch as the lease did not require any other notice olsuch election. | 3 | 1900–1979 |
City of New York v. Pike Realty Corp.
green
2 sentences1971It has been said to be inequitable for the tenant to claim substantial interference with the beneficial enjoyment of his property and remain in possession without payment of rent (City of New York v. Pike Realty Corp., supra, 247 N. Y., at p. 247 ; Edgerton v. Page, supra).” In the instant case, tenant was deprived of the beneficial use and enjoyment of her terrace. 1970It has been said to be inequitable for the tenant to claim substantial interference with the beneficial enjoyment of his property and remain in possession without payment of rent ( City of New York v. Pike Realty Corp. , supra , 247 N. Y., at p. 247 ; Edgerton v. Page , supra ). | 3 | 1970–1971 |
McGoldrick v. DeCruz
green
2 sentences2024McGoldrick v DeCruz ( 195 Misc 2d 414 , 758 NYS2d 756 [AT 1st Dep't 2003]). 2024McGoldrick v DeCruz ( 195 Misc 2d 414 , 758 NYS2d 756 [AT 1st Dep't 2003]). | 2 | 2024–2024 |
Voege v. Ronalds
neutral
2 sentences1925(Voege v. Ronalds, 83 Hun, 114 ; Tracy v. Albany Exxchange Co., 7 N. Y. 472 ; West ern Transportation Co. v. Lansing, 49 id. 499 ; Kolasky v. Michels, 120 id. 635; Smith v. Littlefield, 51 id. 539; Pugsley v. Aikin, 11 id. 494.) The holding over by the tenant for the period specified was sufficient evidence of an election on his part to accept the privilege of an extension for one year under the lease, inasmuch as the lease did not require any other notice olsuch election. 1900(Voege v. Ronalds, 83 Hun, 114 ; Tracy v. Albany Exchange Co., 7 N. Y. 472 ; Western Transportation Co. v. Lansing, 49 id.. 499 ; Kolasky v. Michels, 120 id. 635 ; Smith v. Littlefield, 51 id. 539 ; Pugsley v. Aikin, 11 id. 494 .) The holding over by the tenant for the period specified was sufficient evidence of an election on his part to accept the privilege of an extension for one year under the lease, inasmuch as the lease did not require any other notice of such election. | 2 | 1900–1925 |
Smith ex dem. Teller v. Lorillard
neutral
2 sentences1861(Smith v. Lorillard, 10 John. 338 .) In the second place, the defendant showed a good title to the premises by an adverse possession of more than 20 years. 1850(Smith v. Lorillard, 10 John. | 2 | 1850–1861 |
Matter of Korn
green
1 sentence2024The statute applies to cooperative shareholders (see Kotler v 979 Corp., 191 AD3d 473 [1st Dept 2021] [coop resident entitled to attorney’s fees under RPL § 234]; see Univ. | 1 | 2024–2024 |
Barash v. Pennsylvania Terminal Real Estate Corp.
green
1 sentence2024"It has been said to be inequitable for the tenant to claim substantial interference with the beneficial enjoyment of his property and remain in possession without payment of rent" ( Barash v. Pa. Terminal Real Estate Corp. , 26 NY2d 77, 83 , 308 N.Y.S.2d 649, 653 , 256 N.E.2d 707, 710 [1970]). | 1 | 2024–2024 |
Dance Magic, Inc. v. Pike Realty, Inc.
green
1 sentence2022"Where a commercial tenant has waived its rights under Real Property Law § 227, the tenant may not claim constructive eviction, but is limited to the remedies set forth in the lease" ( Dance Magic, Inc. v Pike Realty, Inc. , 85 AD3d at 1087 ). | 1 | 2022–2022 |
National Distillers & Chemical Corp. v. Seyopp Corp.
green
1 sentence2022Corp. v Seyopp Corp. , 17 NY2d 12 [1966]; Kopsidas v Krokos , 294 AD2d 406, 407 [2002]). | 1 | 2022–2022 |
Nechamkin v. Morgenthau
green
1 sentence2022Assoc. v Murdock , 276 AD2d 360 , 360-361 [2000]; Hernco, LLC v Hernandez , 46 Misc 3d 137[A] , 2015 NY Slip Op 50062[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2015]; Paris Lic Realty, LLC v Vertex, LLC , 41 Misc 3d 145[A] , 2013 NY Slip Op 52074[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2013]). | 1 | 2022–2022 |
Northern Westchester Professional Park Associates v. Town of Bedford
green
1 sentence2022Upon a review of the record, we find no basis to disturb the court's finding ( see Northern Westchester Professional Park Assoc. v Town of Bedford , 60 NY2d at 499 ). [2] Tenant's objection on appeal to the sufficiency of the amended petition on the ground that the amended petition failed to plead landlord's proposed theory of deregulation does not implicate the court's subject matter jurisdiction and was waived by tenant's failure to raise the objection at any time during the trial proceedings ( see 433 W. | 1 | 2022–2022 |
Chappuis v. CUCS?The Kelly
neutral
1 sentence2019"The fact that an apartment is rented without a permit does not preclude the recovery of rent, absent a statutory bar to such recovery" ( Hayes v Ramsey , 60 Misc 3d 137 [A], 2018 NY Slip Op 51114[U] , *1 [App Term, 2d Dept, 9th & 10th Jud Dists 2018]; see Madden v Juillet , 46 Misc 3d 146 [A], 2015 NY Slip Op 50214[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2015]; Sinclair v Ramnarace , 36 Misc 3d 150 [A], 2012 NY Slip Op 51671[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2012]; Corbin v Briley , 192 Misc 2d 503, 504 [App Term, 2d Dept, 9th & 10th Jud Dists 2002]). | 1 | 2019–2019 |
Arias v. First Presbyterian Church in Jamaica
green
1 sentence2018Church in Jamaica , 100 AD3d 940 , 941 [2012]; Caba v Rai , 63 AD3d 578, 582 [2009]). | 1 | 2018–2018 |
Davies v. City of New York
neutral
1 sentence2018Tenant's claim that he was out of the country for more than a year tending to an ill parent is unsupported ( see Chang Hyun Kim v Consolidated Edison, Inc. , 39 AD3d 390 [2007]), and insufficient to excuse his seven-month (post-eviction) delay in first moving to vacate the judgment ( see Arias v First Presbyt. | 1 | 2018–2018 |
Weinstock v. Weinstock
neutral
1 sentence2017Capital, Inc. v Kontogiannis , 128 AD3d 606 [2015], lv dismissed in part, denied in part 26 NY3d 1135 [2016]; Weinstock v Weinstock , 250 AD2d 671 [1998]). | 1 | 2017–2017 |
| DLJ Mortgage Capital, Inc. v. Kontogiannis neutral | 1 | 2017–2017 |
| DLJ Mortgage Capital, Inc. v. Kontogiannis green | 1 | 2017–2017 |
| Cohn v. White Oak Cooperative Housing Corp. green | 1 | 2016–2016 |
| Finkelstein Newman Ferrara LLP v. Manning green | 1 | 2015–2015 |
| Hudson Towers Housing Co. v. VIP Yacht Cruises, Inc. green | 1 | 2011–2011 |
| Schwartz, Karlan & Gutstein v. 271 Venture green | 1 | 2011–2011 |
| Gyncor, Inc. v. Ironwood Realty Corp. neutral | 1 | 2011–2011 |
| RVC Associates v. Rockville Anesthesia Group green | 1 | 2011–2011 |
| Janes v. Paddell green | 1 | 2008–2008 |
| Sheehy v. Clifford Chance Rogers & Wells LLP green | 1 | 2008–2008 |
| Hotel Cameron, Inc. v. Purcell green | 1 | 2008–2008 |
| New York State Labor Relations Board v. Le Crepe — Number 3 Ltd. neutral | 1 | 2007–2007 |
| Murphy v. Relaxation Plus Commodore, Ltd. green | 1 | 2007–2007 |
| Wolinsky v. Kee Yip Realty Corp. green | 1 | 2006–2006 |
| Hughes v. Lenox Hill Hospital green | 1 | 2001–2001 |
| Matter of Ferrara v. Superintendent, New York State Police green | 1 | 2001–2001 |
| City of New York v. Valera green | 1 | 2001–2001 |
| Jones Lang Wootton USA v. LeBoeuf, Lamb, Greene & MacRae green | 1 | 2001–2001 |
| Beljean v. Maiuzzo green | 1 | 2000–2000 |
| Rose v. Spa Realty Associates green | 1 | 1999–1999 |
| Vance v. Century Apartments Associates green | 1 | 1993–1993 |
| Vance v. Century Apartments Associates green | 1 | 1993–1993 |
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.