Lake Anne Realty Corp. v. Goldberg

Appellate Division of the Supreme Court of New York

Lake Anne Realty Corp. v. Goldberg

231 A.D.2d 522, 647 N.Y.S.2d 263, 1996 N.Y. App. Div. LEXIS 8849

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

DecidedSeptember 9, 1996

StatusPublished

Cited by1 cases

This text of 231 A.D.2d 522 (Lake Anne Realty Corp. v. Goldberg) 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

Lake Anne Realty Corp. v. Goldberg, 231 A.D.2d 522, 647 N.Y.S.2d 263, 1996 N.Y. App. Div. LEXIS 8849 (N.Y. Ct. App. 1996).

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Opinion

In a summary proceeding to recover possession of certain leased premises, the landlord appeals, by permission, from an order of the Appellate Term of the Supreme Court for the Ninth and Tenth Judicial Districts, dated March 22, 1995, which reversed a judgment of the Justice Court, Orange County (Turpin, J.), dated September 23, 1993, awarding possession of the premises to the landlord, and thereupon dismissed the petition.

Ordered that the order of the Appellate Term is reversed, on the law, with costs, the petition is granted, and the judgment of the Justice Court is reinstated.

The Appellate Term erred in concluding that the landlord was not entitled to recover possession of the premises inasmuch as the lease for the premises was assigned by the tenants Leonard and Thelma Goldberg to Pauline Goughian without requesting the consent of the landlord (see, Real Property Law § 226-b [1], [5]). Thompson, J. P., Joy, Altman and Hart, JJ., concur.

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In a summary proceeding to recover possession of certain leased premises, the landlord appeals, by permission, from an order of the Appellate Term of the Supreme Court for the Ninth and Tenth Judicial Districts, dated March 22, 1995, which reversed a judgment of the Justice Court, Orange County (Turpin, J.), dated September 23, 1993, awarding possession of the premises to the landlord, and thereupon dismissed the petition.

Ordered that the order of the Appellate Term is reversed, on the law, with costs, the petition is granted, and the judgment of the Justice Court is reinstated.

The Appellate Term erred in concluding that the landlord was not entitled to recover possession of the premises inasmuch as the lease for the premises was assigned by the tenants Leonard and Thelma Goldberg to Pauline Goughian without requesting the consent of the landlord (see, Real Property Law § 226-b [1], [5]). Thompson, J. P., Joy, Altman and Hart, JJ., concur.

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Bluebook (online)

231 A.D.2d 522, 647 N.Y.S.2d 263, 1996 N.Y. App. Div. LEXIS 8849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lake-anne-realty-corp-v-goldberg-nyappdiv-1996.

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