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55 New York opinions name it 10 courts 1890–2026 6 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 |
|---|---|---|
Detko v. McDonald's Restaurants of New York, Inc.green2 sentences2017Landlord’s motion, which set forth facts demonstrating that the subject building is exempt from rent stabilization pursuant to Rent Stabilization Code (9 NYCRR) § 2520.11 (e), is substantively valid, and we agree with the Civil Court’s implicit determination that the granting of the motion would “further the ends of justice while eliminating an unnecessary burden on the resources of the courts” (Detko v McDonald’s Rests. of N.Y., 198 AD2d 208, 209 [1993]). 2017Landlord's motion, which set forth facts demonstrating that the subject building is exempt from rent stabilization pursuant to Rent Stabilization Code (9 NYCRR) § 2520.11 (e), is substantively valid, and we agree with the Civil Court's implicit determination that the granting of the motion would "further the ends of justice while eliminating an unnecessary burden on the resources of the courts" ( Detko v McDonald's Rests. of NY , 198 AD2d 208, 209 [1993]). | 2 | 2 |
Reyes v. Morton Williams Associated Supermarkets, Inc.green2 sentences2026The branch of the Landlord’s motion seeking summary judgment on its contractual indemnification crossclaim against Harlem Roasting is denied as mooted by the dismissal of the complaint and crossclaims (Reyes v Morton Williams Associated Supermarkets, Inc., 50 AD3d 496, 498 [1st Dept 2008]). 2026The branch of the Landlord’s motion seeking summary judgment on its contractual indemnification crossclaim against Harlem Roasting is denied as mooted by the dismissal of the complaint and crossclaims (Reyes v Morton Williams Associated Supermarkets, Inc., 50 AD3d 496, 498 [1st Dept 2008]). | 1 | 1 |
Helen Keller Services for the Blind v. 510 Gates Ave., Inc.green2 sentences2024Landlord's claim that tenant failed to prove all the elements of fraud was not raised below, and is thus unpreserved for appellate review ( see CPLR 5501[a][3]; Hulsen v Morrison , 206 AD2d 459, 460 [1994]). 2024Landlord's claim that tenant failed to prove all the elements of fraud was not raised below, and is thus unpreserved for appellate review ( see CPLR 5501[a][3]; Hulsen v Morrison , 206 AD2d 459, 460 [1994]). | 1 | 1 |
Buchanan v. Espadagreen1 sentence2021Landlord's motion was properly denied because the missing transcript pertained only to exhibits to be admitted at trial and there is no dispute as to which exhibits were admitted ( see Matter of Buchanan v Espada , 88 NY2d 973, 975 [1996]). | 1 | 1 |
Chama Holding Corp. v. Taylorgreen1 sentence2020Landlord's proof failed to establish, prima facie, a pattern of unjustified rent defaults on the tenant's part sufficient to constitute a breach of a substantial obligation of the stabilized tenancy ( see Rent Stabilization Code [9 NYCRR] § 2524.3[a]; see also Chama Holding Corp. v Taylor , 37 Misc 3d 70 [App Term, 1st Dept 2012]). | 1 | 1 |
52 Riverside Realty Co. v. Ebenhartgreen1 sentence2020Corp. v Lopez , 46 NY2d 481, 485 [1979]) or collateral estoppel ( 52 Riverside Realty Co. v Ebenhart , 119 AD2d 452, 453 [1st Dept 1986]). | 1 | 1 |
Gramatan Home Investors Corp. v. Lopezgreen1 sentence2020Corp. v Lopez , 46 NY2d 481, 485 [1979]) or collateral estoppel ( 52 Riverside Realty Co. v Ebenhart , 119 AD2d 452, 453 [1st Dept 1986]). | 1 | 1 |
Chapman v. Silbergreen1 sentence2019There is no blanket requirement in New York State that a landlord test an apartment for lead-based paint based solely on the general knowledge of its dangers ( see Chapman v Silber, 97 NY2d 9, 21 [2001]). | 1 | 1 |
Olwine, Connelly, Chase, O'Donnell & Weyher v. Valsan, Inc.green1 sentence2018Landlord's motion seeking a new trial of the nonpayment proceeding on the basis of purportedly newly discovered evidence ( see CPLR 5015[a][2]) was properly denied, because it failed to demonstrate that its new evidence of the extent and cost of IAIs, which landlord proffered for the first time approximately seven months after trial, could not have been discovered with due diligence prior to the conclusion of the trial ( see Bongiasca v Bongiasca , 289 AD2d 121, 122 [2001]; Olwine, Connelly, Chase, O'Donnell & Weyher v Valsan, Inc ., 226 AD2d 102, 103 [1996]). | 1 | 1 |
Bongiasca v. Bongiascagreen1 sentence2018Landlord's motion seeking a new trial of the nonpayment proceeding on the basis of purportedly newly discovered evidence ( see CPLR 5015[a][2]) was properly denied, because it failed to demonstrate that its new evidence of the extent and cost of IAIs, which landlord proffered for the first time approximately seven months after trial, could not have been discovered with due diligence prior to the conclusion of the trial ( see Bongiasca v Bongiasca , 289 AD2d 121, 122 [2001]; Olwine, Connelly, Chase, O'Donnell & Weyher v Valsan, Inc ., 226 AD2d 102, 103 [1996]). | 1 | 1 |
Miron Properties, LLC v. Eberligreen1 sentence2018Indeed, such evidence was admittedly contained in boxes in the basement storage area of the subject eight-unit building, and under the control of the building superintendent, who was also one of the partners of landlord-appellant and who, himself, performed "some of the work done to [the subject apartment] in 1993 and 1994." Nor was there any improvident exercise its discretion in the denial of landlords' motion for renewal in the holdover proceeding, since landlord did not offer a reasonable justification for its failure to submit the purportedly new IAI evidence either in opposition to tenan | 1 | 1 |
Gunthrope-Hardee v. Dormitory Authoritygreen1 sentence2017Measured against the test of reasonableness in view of the attendant circumstances ( see Oxford Towers Co., LLC v Leites , 41 AD3d 144, 144-145 [2007]), the notice sufficiently alleged, inter alia , that tenant had unlawfully sublet the rent stabilized apartment or assigned the lease to three named individuals without the written consent of the landlord in violation of Real Property Law § 226-b and Rent Stabilization Code (9 NYCRR) §§ 2524.3(h) and 2525.6. | 1 | 1 |
Grimm v. Stategreen1 sentence2017The record presents triable issues as to "whether a fraudulent scheme to destabilize the apartment tainted the reliability of the rent on the base date" ( Meyers v Four Thirty Realty , 127 AD3d 501 , 502 [2015], quoting Matter of Grimm v State of NY Div. of Hous. & Community Renewal Off. of Rent Admin ., 15 NY3d 358, 367 [2010]). | 1 | 1 |
Hoeffner v. John F. Frank, Inc.green1 sentence2017A preliminary injunction will not be granted unless the movant first establishes: (1) a likelihood of ultimate success on the merits, (2) that irreparable injury will occur absent the granting of the preliminary injunction, and (3) a balancing of the equities in the movant’s favor (see CPLR 6301). “[P]reliminary injunctive relief is a drastic remedy which will not be granted unless a clear right thereto is established under the law and the undisputed facts upon the moving papers, and the burden of showing an undisputed right rests upon the movant” (Hoeffner v John F. Frank, Inc., 302 AD2d 428, | 1 | 1 |
MBIA Insurance v. Greystone & Co.green1 sentence2015Corp. v Greystone & Co., Inc., 74 AD3d 499, 499 [1st Dept 2010]; CPLR 213 [8]). | 1 | 1 |
Mountbatten Equities v. New York State Division of Housing & Community Renewalgreen1 sentence2009Rent Stabilization Law of 1969 (Administrative Code of City of NY) § 26-516 (b) and the Rent Stabilization Code (RSC) (9 NYCRR 2526.2 [a]) grant the DHCR the authority to issue orders appropriate for the enforcement of the Rent Stabilization Code (see Matter of Mountbatten Equities v New York State Div. of Hous. & Community Renewal, 226 AD2d 128, 130 [1996]). | 1 | 1 |
390 West End Associates v. Barongreen1 sentence2007End Assoc, v Baron ( 274 AD2d 330, 333 [2000]), even where a lease is void, a tenant may pursue a claim with respect to profits obtained by a landlord in violation of the Rent Stabilization Law. | 1 | 1 |
| New York Central Mutual Fire Insurance v. Filakourisgreen | 1 | 1 |
| Levine v. Shell Oil Co.green | 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 |
|---|---|---|
Hornfeld v. Gaare
green
2 sentences2006Hornfeld v Gaare, 130 AD2d 398 [1987]), the tenants have admitted using the two units in question, in part, for commercial purposes, and defendant may recover use and occupancy for the commercially utilized portion of the leased space. 2006Hornfeld v Gaare, 130 AD2d 398 [1987]); its sole recourse was to eject the tenant (see id.; and see 99 Commercial St. v Llewellyn, 240 AD2d 481, 483 [1997], lv denied 90 NY2d 809 [1997]). | 2 | 2006–2006 |
People v. Fleishman
neutral
2 sentences1937There is no evidence either of defendant’s knowledge of the situation or of any wrongful intent on the defendant’s part.” In People v. Horowitz ( 138 Misc. 794, at p. 800 ) the magistrate who rendered the decision in the Fleishman case, upon which defendant relies so heavily, specifically left open the point as to whether the defendant might set up the corporate entity of the landlord as a defense to the prosecution against him as an officer under sections 1290 and 1302 of the Penal Law: “ Since I hold that the landlord’s conversion of this fund did not constitute larceny or embezzlement, it i 1931Smce I hold that the landlord’s conversion of tMs fund did not constitute larceny or embezzlement, it is unnecessary to pass on the question as to whether this defendant may set up the corporate entity of the landlord as a defense to tMs prosecution against Mm as an officer thereof, under the ruling in People v. Fleishman ( 133 Misc. 288 ) and People v. Shatzkin ( 221 App. Div. 602 ). | 2 | 1931–1937 |
People v. Shatzkin
neutral
2 sentences1937There is no evidence either of defendant’s knowledge of the situation or of any wrongful intent on the defendant’s part.” In People v. Horowitz ( 138 Misc. 794, at p. 800 ) the magistrate who rendered the decision in the Fleishman case, upon which defendant relies so heavily, specifically left open the point as to whether the defendant might set up the corporate entity of the landlord as a defense to the prosecution against him as an officer under sections 1290 and 1302 of the Penal Law: “ Since I hold that the landlord’s conversion of this fund did not constitute larceny or embezzlement, it i 1931Smce I hold that the landlord’s conversion of tMs fund did not constitute larceny or embezzlement, it is unnecessary to pass on the question as to whether this defendant may set up the corporate entity of the landlord as a defense to tMs prosecution against Mm as an officer thereof, under the ruling in People v. Fleishman ( 133 Misc. 288 ) and People v. Shatzkin ( 221 App. Div. 602 ). | 2 | 1931–1937 |
Mill Rock Plaza Associates v. Lively
green
2 sentences2026The parties' stipulation of settlement is clear, and "literal enforcement of its terms is not unjust" under the circumstances ( Taboola, Inc. v Newsweek Media Group, Inc. , 171 AD3d 510, 511 [2019][citation omitted]; Mill Rock Plaza Assoc. v Lively , 224 AD2d 301 [1996]). 2026The parties' stipulation of settlement is clear, and "literal enforcement of its terms is not unjust" under the circumstances ( Taboola, Inc. v Newsweek Media Group, Inc. , 171 AD3d 510, 511 [2019][citation omitted]; Mill Rock Plaza Assoc. v Lively , 224 AD2d 301 [1996]). | 1 | 2026–2026 |
City of New York v. Pike Realty Corp.
green
1 sentence2024The · tenant must abandon-the-premises to the landlord to claim constructive.eviction;··$e.e New Yorkv: Pike Realty Corp., 247 NY 245 ( 1928). | 1 | 2024–2024 |
37-20 104th St. v. Sanchez
green
1 sentence2022After a nonjury trial, by decision entered July 6, 2020, the Civil Court awarded landlord a final judgment of possession{**76 Misc 3d at 25} and the sum of $33,800 in rent arrears, finding that the subject building was not subject to rent stabilization as it had been converted from commercial use to residential. | 1 | 2022–2022 |
Brown v. Pullman Group
green
1 sentence2019Landlord did not offer a reasonable justification for its failure to submit the lease rider in opposition to tenant's motion for attorneys' fees in November 2013 ( see CPLR 2221[e][3]; Estate of Brown v Pullman Group , 60 AD3d 481 , 482 [2009], lv dismissed and denied 13 NY3d 789 [2009]). | 1 | 2019–2019 |
In the Matter of Cristiano
neutral
1 sentence2019Landlord did not offer a reasonable justification for its failure to submit the lease rider in opposition to tenant's motion for attorneys' fees in November 2013 ( see CPLR 2221[e][3]; Estate of Brown v Pullman Group , 60 AD3d 481 , 482 [2009], lv dismissed and denied 13 NY3d 789 [2009]). | 1 | 2019–2019 |
In re the Estate of Mouawad
green
1 sentence2018Indeed, such evidence was admittedly contained in boxes in the basement storage area of the subject eight-unit building, and under the control of the building superintendent, who was also one of the partners of landlord-appellant and who, himself, performed "some of the work done to [the subject apartment] in 1993 and 1994." Nor was there any improvident exercise its discretion in the denial of landlords' motion for renewal in the holdover proceeding, since landlord did not offer a reasonable justification for its failure to submit the purportedly new IAI evidence either in opposition to tenan | 1 | 2018–2018 |
Perle v. Ross
green
1 sentence2017In such form, the notices were not impermissibly vague and fairly apprised tenant of the condition which landlord wished to have cured, namely, the removal of any occupants in possession as illegal subtenants or assignees ( see Perle v Ross , 150 Misc 2d 20 [1991]). | 1 | 2017–2017 |
Winegrad v. New York University Medical Center
green
1 sentence2017Accordingly, that branch of the Landlord’s motion which was for summary judgment on its counterclaim for a judgment declaring that it was entitled to terminate the lease by reason of the plaintiff’s breach of section 13.01 (f) was properly denied without regard to the sufficiency of the plaintiff’s opposition papers (see id. at 853 ). | 1 | 2017–2017 |
Meyers v. Four Thirty Realty
green
1 sentence2017The record presents triable issues as to "whether a fraudulent scheme to destabilize the apartment tainted the reliability of the rent on the base date" ( Meyers v Four Thirty Realty , 127 AD3d 501 , 502 [2015], quoting Matter of Grimm v State of NY Div. of Hous. & Community Renewal Off. of Rent Admin ., 15 NY3d 358, 367 [2010]). | 1 | 2017–2017 |
Abbott v. Page Airways, Inc.
green
1 sentence2007(Abbott v Page Airways, 23 NY2d 502 [1969].) The record, however, does not establish any negligence on the part of the landlord and so the doctrine should not be applied. | 1 | 2007–2007 |
| Hallock v. State green | 1 | 2001–2001 |
| Msibi v. JRD Management Corp. green | 1 | 2000–2000 |
| In re the Arbitration between Allstate Insurance & Gonzalez green | 1 | 2000–2000 |
| Solow v. Wellner green | 1 | 1998–1998 |
| Kiker v. Nassau County green | 1 | 1998–1998 |
| Bowers v. Johnson neutral | 1 | 1997–1997 |
| Lusenskas v. Axelrod green | 1 | 1997–1997 |
| Klipack v. Raymar Novelties, Inc. green | 1 | 1997–1997 |
| Carroll v. Roman Catholic Diocese of Rockville Centre neutral | 1 | 1997–1997 |
| Lusenskas v. Axelrod green | 1 | 1997–1997 |
| Corbin v. Harris green | 1 | 1995–1995 |
| Chan v. Kormendi green | 1 | 1995–1995 |
| Sassower v. Finnerty green | 1 | 1994–1994 |
| Morfesis v. Department of Housing Preservation & Development neutral | 1 | 1994–1994 |
| Realty v. State Division of Housing & Community Renewal green | 1 | 1991–1991 |
| People v. Quintana green | 1 | 1991–1991 |
| Cooper v. 140 East Associates green | 1 | 1983–1983 |
| Levine v. Abrams green | 1 | 1982–1982 |
| Figueroa v. New York City Housing Authority neutral | 1 | 1982–1982 |
| In re Upstate Builders Supply Corp. green | 1 | 1976–1976 |
| Horowitz v. Safeco Insurance Co. of America neutral | 1 | 1976–1976 |
| Steinberg v. Carreras green | 1 | 1975–1975 |
| Wisser Oil Co. v. Ganfrank Holding Corp. neutral | 1 | 1974–1974 |
| 8-10 East 49th Street, Inc. v. Sawabini green | 1 | 1967–1967 |
| Zalaznick v. Imbembo neutral | 1 | 1967–1967 |
| Conger v. . Duryee neutral | 1 | 1949–1949 |
| McCarter v. Davis neutral | 1 | 1949–1949 |
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.