Park Terrace Gardens, Inc. v. Penkovsky
Cases that cite this one
6 later published cases cite this decision.
- S.J.C. 308 Lenox Ave. Family L.P. v. Hendrix House Harlem LLC (New York Supreme Court, New York County 2025)
- Ali Baba Hotel Corp. v. Prose (Appellate Division of the Supreme Court of New York 2025)
- East Dr. Hous. Dev. Corp. v. Lawrence (New York Supreme Court, New York County 2024)
- Ali Baba Hotel Corp. v. Prose (New York Supreme Court, New York County 2024)
- Marbru Assoc. v. White (Appellate Division of the Supreme Court of New York 2022)
- Marbru Assoc. v. White (Appellate Division of the Supreme Court of New York 2022)
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 (Eileen A. Rakower, J.), entered April 9, 2012, which granted plaintiff’s cross motion for summary judgment on its cause of action for ejectment and struck defendants-appellants’ (defendants) answer and counterclaims, unanimously modified, on the law, to reinstate the answer and counterclaims, and otherwise affirmed, without costs.
Ejectment was properly based on defendants’ repeated failures to comply with orders directing payment of use and occupancy, which was a condition of their continued occupancy of their cooperative apartment (see Rose Assoc. v Johnson, 247 AD2d 222 [1st Dept 1998]). However, plaintiff did not move to strike the answer and counterclaims, and there was no authority for doing so. Concur — Andrias, J.E, Friedman, DeGrasse, Román and Gische, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.