MATTER OF 1420 CONCOURSE CORP. v. Cruz

New York Court of Appeals

MATTER OF 1420 CONCOURSE CORP. v. Cruz

534 N.E.2d 325, 73 N.Y.2d 868, 537 N.Y.S.2d 487, 1989 N.Y. LEXIS 40

CourtNew York Court of Appeals

DecidedJanuary 19, 1989

StatusPublished

Cited by3 cases

This text of 534 N.E.2d 325 (MATTER OF 1420 CONCOURSE CORP. v. Cruz) 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

MATTER OF 1420 CONCOURSE CORP. v. Cruz, 534 N.E.2d 325, 73 N.Y.2d 868, 537 N.Y.S.2d 487, 1989 N.Y. LEXIS 40 (N.Y. 1989).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The appeal from the order of the Appellate Division should be dismissed, with costs to respondent.

In this landlord-tenant proceeding, respondent tenant has recovered a substantial sum from the landlord as damages for breach of a stipulation, entered to settle prior litigation between the parties, which obligated the landlord to correct *870 certain unsafe and unhealthy conditions in the demised premises. The Appellate Division affirmed that judgment and, upon application by the landlord, it granted leave to appeal to this court on a certified question. Notwithstanding its efforts to appeal to this court, the landlord made no appearance at oral argument and, as we were advised by counsel for the tenant, the landlord has also instituted further proceedings in Civil Court to vacate the stipulation.

Giving the certified question the most generous possible interpretation, we discern no legal issue for our consideration. Accordingly, the appeal is dismissed.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Hancock, Jr., and Bellacosa concur in memorandum; Judge Titone taking no part.

Appeal dismissed, etc.

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OPINION OF THE COURT

Memorandum.

The appeal from the order of the Appellate Division should be dismissed, with costs to respondent.

In this landlord-tenant proceeding, respondent tenant has recovered a substantial sum from the landlord as damages for breach of a stipulation, entered to settle prior litigation between the parties, which obligated the landlord to correct *870 certain unsafe and unhealthy conditions in the demised premises. The Appellate Division affirmed that judgment and, upon application by the landlord, it granted leave to appeal to this court on a certified question. Notwithstanding its efforts to appeal to this court, the landlord made no appearance at oral argument and, as we were advised by counsel for the tenant, the landlord has also instituted further proceedings in Civil Court to vacate the stipulation.

Giving the certified question the most generous possible interpretation, we discern no legal issue for our consideration. Accordingly, the appeal is dismissed.

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Hancock, Jr., and Bellacosa concur in memorandum; Judge Titone taking no part.

Appeal dismissed, etc.

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Bluebook (online)

534 N.E.2d 325, 73 N.Y.2d 868, 537 N.Y.S.2d 487, 1989 N.Y. LEXIS 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-1420-concourse-corp-v-cruz-ny-1989.

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