New York Court of Appeals, 1981

Ian v. Wassberg

New York Court of Appeals · Decided November 24, 1981

55 N.Y.2d 706; 431 N.E.2d 622; 447 N.Y.S.2d 137; 1981 N.Y. LEXIS 3264

Cases that cite this one

10 later published cases cite this decision.

Burns v. 500 East 83rd Street Corp. (N.Y. 1983)
Lieberman v. Henry Norman Realty (Appellate Division of the Supreme Court of New York 1992)
Novack v. 50 Plaza Co. (Appellate Division of the Supreme Court of New York 1990)
Manolovici v. 136 East 64th Street Associates (N.Y. 1987)
Haberman v. Wassberg (Appellate Division of the Supreme Court of New York 1987)
De Christoforo v. Shore Ridge Associates (Appellate Division of the Supreme Court of New York 1986)
Ian v. Golub (Appellate Division of the Supreme Court of New York 1985)
Ryger v. Segal (New York Supreme Court 1985)
Hutchins v. Conciliation & Appeals Board (New York Supreme Court 1984)
Consolidated Edison Co. v. 10 West 66th Street Corp. (Appellate Division of the Supreme Court of New York 1983)

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

OPINION OF THE COURT

Memorandum.

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (80 AD2d 505).

Plaintiff, as the holder of a prior valid lease, is entitled to relief in his action of ejectment against defendant. Moreover, we conclude that on May 15, 1979, the date of the presentation of the plan of conversion to cooperative ownership, plaintiff was entitled to purchase the shares allocated to apartment 11A at 257 Central Park West, despite the fact that defendant was then on the premises. For the purposes of section 61 (subd 4, par [b]) of the Code of the Real Estate Industry Stabilization Association of New York City, Inc., the term “tenant in occupancy” means, under the circumstances of this case, the tenant who had the paramount right to occupy the apartment in question.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.