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Matter of Herzog v. Joy

Court of Appeals of the State of New York
Apr 28, 1981
53 N.Y.2d 821 (N.Y. 1981)

Summary

finding that a family member of a rent-controlled tenant "who, concededly, did not pay rent" because the rent-controlled tenant did so may still succeed to a rent-controlled tenancy "irrespective of who pays the rent, as long as it is paid"

Summary of this case from 167 W. 80th St. LLC v. Boucicaut

Opinion

Argued March 27, 1981

Decided April 28, 1981

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ALLEN MURRAY MYERS, J.

Joseph Gaier and Larry Sutton for appellant.

Alan W. Ginsberg and Harry Michelson for respondent.



Order affirmed, with costs, for reasons stated in the opinion by Justice JOSEPH P. SULLIVAN at the Appellate Division ( 74 A.D.2d 372).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.


Summaries of

Matter of Herzog v. Joy

Court of Appeals of the State of New York
Apr 28, 1981
53 N.Y.2d 821 (N.Y. 1981)

finding that a family member of a rent-controlled tenant "who, concededly, did not pay rent" because the rent-controlled tenant did so may still succeed to a rent-controlled tenancy "irrespective of who pays the rent, as long as it is paid"

Summary of this case from 167 W. 80th St. LLC v. Boucicaut

finding that a family member of a rent-controlled tenant "who, concededly, did not pay rent" because the rent-controlled tenant did so may still succeed to a rent-controlled tenancy "irrespective of who pays the rent, as long as it is paid"

Summary of this case from 167 W. 80th St. LLC v. Boucicaut
Case details for

Matter of Herzog v. Joy

Case Details

Full title:In the Matter of MARTIN HERZOG, Appellant, v. DANIEL W. JOY, as…

Court:Court of Appeals of the State of New York

Date published: Apr 28, 1981

Citations

53 N.Y.2d 821 (N.Y. 1981)
439 N.Y.S.2d 922
422 N.E.2d 582

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