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Pisani v. Cominger

Appellate Division of the Supreme Court of New York, First Department
Feb 18, 1971
36 A.D.2d 593 (N.Y. App. Div. 1971)

Opinion

February 18, 1971


Order, Supreme Court, Bronx County, entered August 10, 1970, granting plaintiff's motion for a writ of assistance and directing the Sheriff to put plaintiff in possession of tenant's rent-controlled apartment, unanimously reversed, on the law, and the motion is denied, without costs and without disbursements. As the law stands presently, a judgment of foreclosure does not abate a tenant's protection or rights given his position by the rent laws. ( Drury v. Sidney Davies, Inc., 116 N.Y.S.2d 118; Presprop Corp. v. Riveredge Holding Corp., 73 N.Y.S.2d 808; see, also, Stern v. Equitable Trust Co., 238 N.Y. 267.) The plaintiff's remedies lie elsewhere than with the Sheriff.

Concur — Stevens, P.J., Capozzoli, McGivern, Kupferman and Tilzer, JJ.


Summaries of

Pisani v. Cominger

Appellate Division of the Supreme Court of New York, First Department
Feb 18, 1971
36 A.D.2d 593 (N.Y. App. Div. 1971)
Case details for

Pisani v. Cominger

Case Details

Full title:ANTHONY PISANI, Respondent, v. CARL COMINGER, Also Known as CARL…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 18, 1971

Citations

36 A.D.2d 593 (N.Y. App. Div. 1971)

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