Aryeh v. 61 East 86 Owners Corp.

Appellate Division of the Supreme Court of New York

Aryeh v. 61 East 86 Owners Corp.

249 A.D.2d 248, 671 N.Y.S.2d 653, 1998 N.Y. App. Div. LEXIS 4784

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 30, 1998

StatusPublished

Cited by2 cases

This text of 249 A.D.2d 248 (Aryeh v. 61 East 86 Owners Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aryeh v. 61 East 86 Owners Corp., 249 A.D.2d 248, 671 N.Y.S.2d 653, 1998 N.Y. App. Div. LEXIS 4784 (N.Y. Ct. App. 1998).

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Opinion

—Order, Supreme Court, New York County (Emily Goodman, J.), entered on or about August 12, 1997, which, in an action for wrongful eviction, denied plaintiffs’ motion for partial summary judgment, unanimously affirmed, with costs.

We agree with the motion court that issues of fact exist as to whether plaintiffs were in default of the stipulation that settled the nonpayment proceeding defendant cooperative brought against them in Civil Court. Plaintiffs argue there is no dispute that they tendered all of the money due under the stipulation as of July 31, 1991. However, defendants claim that while plaintiffs made the first payment of $2,750 due on June 1, 1991, they failed to pay current maintenance charges due on that date, that a portion of the $2,750 payment was therefore applied to the current maintenance, as permitted by the stipulation, and that plaintiffs were in default of the stipulation because they never made the payments in a timely fashion. Issues of fact also exist as to whether the default was cured before the five-day cure period expired. Concur — Milonas, J. P., Rosenberger, Nardelli, Tom and Saxe, JJ.

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—Order, Supreme Court, New York County (Emily Goodman, J.), entered on or about August 12, 1997, which, in an action for wrongful eviction, denied plaintiffs’ motion for partial summary judgment, unanimously affirmed, with costs.

We agree with the motion court that issues of fact exist as to whether plaintiffs were in default of the stipulation that settled the nonpayment proceeding defendant cooperative brought against them in Civil Court. Plaintiffs argue there is no dispute that they tendered all of the money due under the stipulation as of July 31, 1991. However, defendants claim that while plaintiffs made the first payment of $2,750 due on June 1, 1991, they failed to pay current maintenance charges due on that date, that a portion of the $2,750 payment was therefore applied to the current maintenance, as permitted by the stipulation, and that plaintiffs were in default of the stipulation because they never made the payments in a timely fashion. Issues of fact also exist as to whether the default was cured before the five-day cure period expired. Concur — Milonas, J. P., Rosenberger, Nardelli, Tom and Saxe, JJ.

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Bluebook (online)

249 A.D.2d 248, 671 N.Y.S.2d 653, 1998 N.Y. App. Div. LEXIS 4784, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aryeh-v-61-east-86-owners-corp-nyappdiv-1998.

Opinion

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