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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)

Citation
13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)
Parent Document
13315 Owners Corp. v. Kennedy, 4 Misc. 3d 931 (2004)
Jurisdiction
New York (state)
Effective Date
2004-06-29

Other Sections in This Document (76)

Full Text

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Supreme Court denied the cooperative’s summary judgment motion and dismissed the first claim of the complaint, which sought ejection and possession solely on the shareholder’s vote and termination notice. (See 100 NY2d at 152.) The court relied on RPAPL 711 (1), which provides that a proceeding to recover possession under a lease provision entitling landlord to terminate for objectionable conduct “shall not be maintainable unless the landlord shall by competent evidence establish to the satisfaction of the court that the tenant is objectionable.” (Id.) Supreme Court determined that the cooperative had not pre*937sented competent evidence to the court of Pullman’s objectionable conduct.