1872 Monroe Ave. Assocs. v. Cogle

4 Citing cases

  1. Jarry v. Nat'l Collegiate Student Loan Tr.

    18-CV-0315(SJF)(ARL) (E.D.N.Y. Jun. 25, 2019)

    Furthermore, contrary to plaintiffs' contention, "res judicata may apply to a stipulation of settlement without a judgment if it discontinues a claim with prejudice . . . or contains factual or legal findings." 1872 Monroe Ave. Assocs. v. Cogle, 40 Misc. 3d 1208(A), 977 N.Y.S.2d 668, 2013 WL 3467444, at * 3 (N.Y. Civ. Ct., July 3, 2013) (emphasis added) (citations omitted); see also Mooney v. Manhattan Occupational, Physical & Speech Therapies, PLLC, 166 A.D.3d 957, 959, 89 N.Y.S.3d 707 (N.Y. App. Div. 2018) ("[A] stipulation of discontinuance with prejudice without reservation of right or limitation of the claims disposed of is entitled to preclusive effect under the doctrine of res judicata." (quotations and citation omitted)); Trapani v. Squitieri, 107 A.D.3d 696, 696-97, 965 N.Y.S.2d 887 (N.Y. App. Div. 2013) (accord).

  2. OLR ECW, L.P. v. De Abreu

    59 Misc. 3d 1204 (N.Y. Civ. Ct. 2018)   Cited 2 times

    Accordingly, the court deems a general denial to have been asserted. Prince George Assoc LP v. Mais (44 Misc 3d 1202[A] ), 997 NYS2d 100 [Civ Ct NY Co 2014] ); 1872 Monroe Ave Assoc v. Cogle (40 Misc 3d 1208[A], 977 NYS2d 668 [Civ Ct Bx Co 2013] ); Vermeer Owners, Inc v. Messer (24 Misc 3d 1233[A], 901 NYS2d 903 [Civ Ct NY Co 2009] ). It is also undisputed that Respondent signed a Low–Income Housing Credit Lease, Lease Addendum and Lease Rider, all of which include provisions requiring Respondent to recertify her income and household size on an annual basis and to provide verification documentation.

  3. 611 E. 179th St. Realty Corp. v. Gonzalez

    2017 N.Y. Slip Op. 50792 (N.Y. Civ. Ct. 2017)

    Petitioner's argument that the motion should be denied to the extent it seeks dismissal under CPLR R 3211(a)(7) for failure to state a cause of action is a moot point, given the court's granting of summary judgment to Respondent and dismissal of the proceeding under CPLR R 3212. With regard to Respondent's claim that from 1994 through 1998 she lived with and had a nontraditional family relationship under 9 NYCRR § 2520.6(o)(2) with Marcelina Morales, her husband's mother, and that she therefore should be treated as a co-successor along with her husband to Ms. Morales' tenancy, Respondent is correct that succession rights to a rent regulated apartment are not limited to one family member, 4848 Broadway Inv LLC v Santana (36 Misc 3d 155[A], 2012 NY Misc LEXIS 4310 [App Term 1st Dep't 2012]); M & L Jacobs v Del Grasso (133 Misc 2d 542, 543, 509 NYS2d 237 [App Term 2nd & 11th Jud Dists 1986]), and that she is not time-barred from raising this claim, 1872 Monroe Ave Assoc v Cogle (40 Misc 3d 1208[A], 977 NYS2d 668 [Civ Ct Bx Co 2013]); In the Matter of MH Residential 1, LLC v NYS Div of Housing and Comm Renewal (2008 NY Misc LEXIS 8083, 2008 NY Slip Op 33207[U][Sup Ct NY Co 2008]). Further, there is no "hierarchy of succession rights; rather, traditional and non-traditional family relationships enjoy equal standing to succeed to a tenancy." Fleishman Realty Corp v Garrison (27 Misc 3d 1202[A], 907 NYS2d 437 [Civ Ct Bx Co 2010]).

  4. 611 E. 179TH St. Realty Corp. v. Gonzalez

    61 N.Y.S.3d 193 (N.Y. Civ. Ct. 2017)

    Petitioner's argument that the motion should be denied to the extent it seeks dismissal under CPLR R 3211(a)(7) for failure to state a cause of action is a moot point, given the court's granting of summary judgment to Respondent and dismissal of the proceeding under CPLR R 3212. With regard to Respondent's claim that from 1994 through 1998 she lived with and had a nontraditional family relationship under 9 NYCRR § 2520.6(o)(2) with Marcelina Morales, her husband's mother, and that she therefore should be treated as a co-successor along with her husband to Ms. Morales' tenancy, Respondent is correct that succession rights to a rent regulated apartment are not limited to one family member, 4848 Broadway Inv LLC v. Santana (36 Misc.3d 155[A], 2012 N.Y. Misc. LEXIS 4310 [App Term 1st Dep't 2012] ); M & L Jacobs v. Del Grasso (133 Misc.2d 542, 543, 509 N.Y.S.2d 237 [App Term 2nd & 11th Jud Dists 1986] ), and that she is not time-barred from raising this claim, 1872 Monroe Ave Assoc v. Cogle (40 Misc.3d 1208[A], 977 N.Y.S.2d 668 [Civ Ct Bx Co 2013] ); In the Matter of MH Residential 1, LLC v. NYS Div of Housing and Comm Renewal (2008 N.Y. Misc. LEXIS 8083, 2008 N.Y. Slip Op 33207 [U][Sup Ct N.Y. Co 2008] ). Further, there is no "hierarchy of succession rights; rather, traditional and non-traditional family relationships enjoy equal standing to succeed to a tenancy."