Moskowitz v. Cartwright

3 Citing cases

  1. Matter of Swing v. New York City Loft Board

    180 A.D.2d 529 (N.Y. App. Div. 1992)   Cited 8 times

    Appeal from the Supreme Court, New York County (Harold Tompkins, J.). Here, as in Moskowitz v. Cartwright ( 135 Misc.2d 1132), the loft landlord was deemed to have constructively purchased a prior tenant's loft fixtures when the prior tenant abandoned the fixtures and the loft with rent unpaid in an amount exceeding the fair market value of the fixtures. Relying on Moskowitz and one of its own prior determinations, respondent Loft Board concluded that there was a constructive purchase of the fixtures pursuant to Multiple Dwelling Law § 286 (6) entitling the landlord to decontrol.

  2. 73 Tribeca LLC v. Joann Greenbaum 73 Leonard St.

    2012 N.Y. Slip Op. 31972 (N.Y. Civ. Ct. 2012)

    The Court finds that a constructive purchase of Seery's improvements took place in 1987. In Moskowitz v Cartwright (135 Misc.2d 1132) the court held that where negotiations for a sale of improvements are initiated and not completed, and the tenant abandons the premises owing rent arrears, and without availing herself of the right to enforce a fair market price in law, then a constructive sale of improvements has occurred and the premises are no longer subject to rent regulation. Similarly, in Swing v New York City Loft Board (180 AD2d 529) the Appellate Division, First Department, held that when the prior tenant abandoned the fixtures and the loft with rent unpaid, in an amount exceeding the fair market value of the fixtures, there was a constructive purchase of fixtures pursuant to MDL § 286(6).

  3. 73 Tribeca LLC v. Greenbaum

    36 Misc. 3d 1217 (N.Y. Civ. Ct. 2012)

    The Court finds that a constructive purchase of Seery's improvements took place in 1987. In Moskowitz v. Cartwright (135 Misc.2d 1132) the court held that where negotiations for a sale of improvements are initiated and not completed, and the tenant abandons the premises owing rent arrears, and without availing herself of the right to enforce a fair market price in law, then a constructive sale of improvements has occurred and the premises are no longer subject to rent regulation.