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9 New York opinions name it 5 courts 1899–2025 1 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 |
|---|---|---|
487 Elmwood, Inc. v. Hassettgreen2 sentences2016Having previously commenced a plenary action in Supreme Court seeking substantial damages based on this eviction, tenant "thereby waive[d] the eviction as a defense in an action for the rent" ( 487 Elmwood v Hassett , 107 AD2d 285, 288 [1985]). 2016Having previously commenced a plenary action in Supreme Court seeking substantial damages based on this eviction, tenant "thereby waive[d] the eviction as a defense in an action for the rent" ( 487 Elmwood v Hassett , 107 AD2d 285, 288 [1985]). | 1 | 1 |
Jackson v. Westminster House Owners Inc.green1 sentence2016Thus, while application of the above-mentioned terms of the subject lease, which are quite broad and clearly favor the landlord, does result in some harsh consequences to the tenant, this court cannot re-write the parties’ agreement.” In Jackson v Westminster House Owners Inc. ( 24 AD3d 249, 250 [1st Dept 2005]), the Court reiterated the principle that an eviction claim cannot lie where the repairs are authorized, “no matter how extensive or the degree of interference with the tenant’s occupancy”: “But alterations to leased premises, made with the consent of the tenant, do not amount to an evi | 1 | 1 |
Frame v. Horizons Wine & Cheese, Ltd.green1 sentence2011Although 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]). | 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 |
|---|---|---|
Third Lenox Terrace Associates v. Edwards
green
1 sentence2025Murphy v. DHCR , 21 NY3d 649 , 977 N.Y.S.2d 161 (2013)." THIRD LENOX As noted in Third Lenox and its progeny, a would-be successor's misrepresentation of the tenant's actual vacatur date from the housing accommodation constitutes fraud that, over an extended number of years, results in undue prejudice to the landlord in prosecuting an eviction claim ( see Jourdain , 159 AD3d at 48, 70 N.Y.S.3d 239 ( citing Third Lenox ), 23 Misc 3d 126(A) , 2009 WL 806812 [App. Term, 1st Dept. 2009], affd, 91 AD3d 532 , 937 N.Y.S.2d 41 [1st Dept. 2012] ). | 1 | 2025–2025 |
Matter of Jourdain v. New York State Div. of Hous. & Community Renewal
green
1 sentence2025Murphy v. DHCR , 21 NY3d 649 , 977 N.Y.S.2d 161 (2013)." THIRD LENOX As noted in Third Lenox and its progeny, a would-be successor's misrepresentation of the tenant's actual vacatur date from the housing accommodation constitutes fraud that, over an extended number of years, results in undue prejudice to the landlord in prosecuting an eviction claim ( see Jourdain , 159 AD3d at 48, 70 N.Y.S.3d 239 ( citing Third Lenox ), 23 Misc 3d 126(A) , 2009 WL 806812 [App. Term, 1st Dept. 2009], affd, 91 AD3d 532 , 937 N.Y.S.2d 41 [1st Dept. 2012] ). | 1 | 2025–2025 |
Murphy v. New York State Division of Housing & Community Renewal
green
1 sentence2025Murphy v. DHCR , 21 NY3d 649 , 977 N.Y.S.2d 161 (2013)." THIRD LENOX As noted in Third Lenox and its progeny, a would-be successor's misrepresentation of the tenant's actual vacatur date from the housing accommodation constitutes fraud that, over an extended number of years, results in undue prejudice to the landlord in prosecuting an eviction claim ( see Jourdain , 159 AD3d at 48, 70 N.Y.S.3d 239 ( citing Third Lenox ), 23 Misc 3d 126(A) , 2009 WL 806812 [App. Term, 1st Dept. 2009], affd, 91 AD3d 532 , 937 N.Y.S.2d 41 [1st Dept. 2012] ). | 1 | 2025–2025 |
Two Rector Street Corp. v. Bein
green
1 sentence2016Corp. v Bein, 226 App Div 73 [1929]). | 1 | 2016–2016 |
Nestor v. Britt
green
1 sentence2012Finally, tenant achieved “prevailing party” status in successfully defending against the landlords’ eviction claim, and thus is entitled to recover reasonable attorney’s fees pursuant to the governing 1983 lease agreement and the reciprocal provisions of Real Property Law § 234 (see Nestor v Britt, 270 AD2d 192 [2000]). | 1 | 2012–2012 |
54 Greene Street Realty Corp. v. Shook
green
1 sentence2008Realty Corp. v Shook ( 8 AD3d 168 [2004], Iv denied 4 NY3d 704 [2005]), and distinguishing it from the egregious commercial exploitation justifying the tenant’s eviction for a violation of RSC § 2525.7 in West 148 LLC v Yonke ( 11 Misc 3d 40 [App Term, 1st Dept 2006], Iv denied 2006 NY Slip Op 73839[U] [2006]). | 1 | 2008–2008 |
54 Greene St. Realty Corp. v. Shook
neutral
1 sentence2008Realty Corp. v Shook ( 8 AD3d 168 [2004], Iv denied 4 NY3d 704 [2005]), and distinguishing it from the egregious commercial exploitation justifying the tenant’s eviction for a violation of RSC § 2525.7 in West 148 LLC v Yonke ( 11 Misc 3d 40 [App Term, 1st Dept 2006], Iv denied 2006 NY Slip Op 73839[U] [2006]). | 1 | 2008–2008 |
West 148 LLC v. Yonke
green
1 sentence2008Realty Corp. v Shook ( 8 AD3d 168 [2004], Iv denied 4 NY3d 704 [2005]), and distinguishing it from the egregious commercial exploitation justifying the tenant’s eviction for a violation of RSC § 2525.7 in West 148 LLC v Yonke ( 11 Misc 3d 40 [App Term, 1st Dept 2006], Iv denied 2006 NY Slip Op 73839[U] [2006]). | 1 | 2008–2008 |
815 Park Avenue Owners, Inc. v. Lapidus
neutral
1 sentence1996In a prior appeal, this Court affirmed a grant of summary judgment dismissing the partial eviction defense ( 190 AD2d 574 ). | 1 | 1996–1996 |
Peerless Candy Co. v. Halbreich
neutral
1 sentence1985Conversely, where the tenant elects to assert a claim for damages he thereby waives the eviction as a defense in an action for the rent (supra, pp 518-519; Peerless Candy Co. v Halbreich, 125 Misc 889 ). | 1 | 1985–1985 |
Clason v. Corley
neutral
1 sentence1899Giles v. Comstock, 4 N. Y. 270, 275 ; Whalin v. White, 25 id. 464; Clason v. Corley, 5 Sandf. 447 ; Peck v. Knickerbocker Ice Co., 18 Hun, 183 . | 1 | 1899–1899 |
Giles v. . Comstock
green
1 sentence1899Giles v. Comstock, 4 N. Y. 270, 275 ; Whalin v. White, 25 id. 464; Clason v. Corley, 5 Sandf. 447 ; Peck v. Knickerbocker Ice Co., 18 Hun, 183 . | 1 | 1899–1899 |
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.