Frank v. Park Summit Realty Corp.

New York Court of Appeals

Frank v. Park Summit Realty Corp.

587 N.E.2d 287, 79 N.Y.2d 789, 579 N.Y.S.2d 649, 1991 N.Y. LEXIS 5106

CourtNew York Court of Appeals

DecidedDecember 19, 1991

StatusPublished

Cited by31 cases

This text of 587 N.E.2d 287 (Frank v. Park Summit Realty Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Frank v. Park Summit Realty Corp., 587 N.E.2d 287, 79 N.Y.2d 789, 579 N.Y.S.2d 649, 1991 N.Y. LEXIS 5106 (N.Y. 1991).

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Opinion

[792]*792OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order modified, with costs to defendant landlord, by deleting so much thereof as affirmed "the disposition by the trial court of plaintiff’s meritless claim for rent abatement, and the award to landlord of all rent arrears without reduction” and reinstating that portion of the order of Supreme Court as awarded plaintiff tenant a partial rent abatement and, as so modified, affirmed. The Appellate Division’s statement "affirming” an award to landlord of all rent arrears without reduction misstated Supreme Court’s order entered December 21, 1989 and, effectively, granted landlord affirmative relief that was neither sought on appeal nor before that court. The order of the Appellate Division is otherwise affirmed for the reasons stated in the memorandum of that court (175 AD2d 33).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.

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[792]*792OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order modified, with costs to defendant landlord, by deleting so much thereof as affirmed "the disposition by the trial court of plaintiff’s meritless claim for rent abatement, and the award to landlord of all rent arrears without reduction” and reinstating that portion of the order of Supreme Court as awarded plaintiff tenant a partial rent abatement and, as so modified, affirmed. The Appellate Division’s statement "affirming” an award to landlord of all rent arrears without reduction misstated Supreme Court’s order entered December 21, 1989 and, effectively, granted landlord affirmative relief that was neither sought on appeal nor before that court. The order of the Appellate Division is otherwise affirmed for the reasons stated in the memorandum of that court (175 AD2d 33).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.

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Bluebook (online)

587 N.E.2d 287, 79 N.Y.2d 789, 579 N.Y.S.2d 649, 1991 N.Y. LEXIS 5106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frank-v-park-summit-realty-corp-ny-1991.

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