Notable Cases
Zipper v. Haroldon Court Condominium, 39 A.D.3d 325, 835 N.Y.S.2d 43 (1st Dept. 2007) (reversing the trial court and holding that a tenant that permitted a noxious odor to emanate from her rent stabilized apartment should be evicted due to the disturbance caused to other tenant in the subject building).
Benjamin Scott Corp. v. Lydia, 14 Misc.3d 1237(A), 836 N.Y.S.2d 496 (N.Y.Civ.Ct. 2007) (holding that where a tenant replaces cabinets without the written permission of the landlord that the tenant must put the cabinets back in place upon pain of eviction).
Teri-Nichols v Elk Horn, 37 A.D.3d 198, 829 N.Y.S.2d 478 (1st Dept. 2007) (reversing the trial court and holding that it is reversible error to award a party summary judgment prior to issue being joined in the lawsuit).
Keena v. Hudmor, 37 A.D.3d 172, 829 N.Y.S.2d 471 (1st Dept. 2007) (reversing the trial court and holding that a party can be awarded possession of a disputed parcel of real property when that party proves the elements of adverse possession).
Allerand v. 233 East 18th Street Company, LLC , 19 A.D.3d 275, 798 N.Y.S.2d 399 (1st Dept. 2005) (holding that a net lessee was permitted to sublet for a term that lasted seven years beyond the expiration of the net lease provided that the net lessee first obtained a certificate from an unrelated broker attesting to the commercial reasonableness of the sublease).
Kaminsky v. Mautner-Glick Corporation , 298 A.D.2d 104, 747 N.Y.S.2d 231 (1st Dept. 2002) (holding that a building owner could not be held liable for interest or attorney’s fees by a tenant who had prevailed in a fair market rent appeal before the State Division of Housing Community and Renewal provided that the building owner refunded any excess rent charged prior to the tenant’s commencement of suit).
433 West Associates v. Murdock, 276 A.D.2d 360, 715 N.Y.S.2d 6 (1st Dept. 2000) (holding that a building owner’s failure to serve a notice upon a government agency as was required by a consent decree was not a defect in the commencement of a lawsuit that implicated the court’s subject matter jurisdiction).
Kavelman v. Taylor, 245 A.D.2d 9, 665 N.Y.S.2d 642 (1st Dept. 1997) (holding that where venue had to be changed due to the action having been commenced in the county where one of the defendants presided as a judge, venue was to the extent possible to be changed to a county within the same judicial department).
Evans v. Schneider, 188 Misc.2d 193, 727 N.Y.S.2d 257 (1st Dept. App.Term 2001) (holding that a landlord wishing to recover a rent stabilized apartment for his personal use was permitted to serve a notice of non-renewal during the statutory mandated window period despite the tenant having filed for bankruptcy and having received the protection of the automatic stay provision of the bankruptcy code).
King Enterprises, Ltd. v. Franceschi, N.Y.L.J., July 13, 2001, p.18, col. 1 (1st Dept. App.Term) (holding that a tenant who breached a stipulation settling a chronic-nonpayment holdover proceeding which required a tenant to pay his rent on time for a twenty-four month period upon pain of eviction, should be evicted for his breach).
Marbar v. Katz, 183 Misc.2d 219, 701 N.Y.S.2d 884 (N.Y.Civ. Ct., N.Y.Co. 1999) (holding that a tenant could be required to post a bond to be forfeited upon her surrender of the subject premises where she had performed alterations that violated her lease).
