Aryeh v. 61 East 86 Owners Corp.
Cases that cite this one
2 later published cases cite this decision.
- Duane Thomas LLC v. Wallin (Appellate Division of the Supreme Court of New York 2004)
- Thompson v. 490 West End Apartments Corp. (Appellate Division of the Supreme Court of New York 1998)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—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.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.