Three in One Equities LLC v. Santos

1 Citing case

  1. Lafayette Boynton Hsg. Corp. v. Pickett

    135 A.D.3d 518 (N.Y. App. Div. 2016)   Cited 32 times
    In Lafayette Boynton Housing Corp. v Pickett, 135 AD3d 518 (1st Dep't, 2016) the court upheld restoration to possession where the tenant was disabled, the duration of the tenancy was 30 years, and payment of all rent arrears and legal and marshal's fees had been secured.

    In addition, some recent cases suggest that on appeal the trial court's decision must be given the substantial latitude of an abuse of discretion standard of review. Appellate Term here, like this Court in 102–116 Eighth Ave. Assocs. v. Oyola, 299 A.D.2d at 296, 749 N.Y.S.2d 724 and like Appellate Term in Three in One Equitites LLC v. Santos, 43 Misc.3d 142[A], 2014 N.Y. Slip Op. 50847[U], 2014 WL 2462954 (App.Term 1st Dept.2014), seems to have cited all of the foregoing standards. I submit that we should reconsider the standard of proof necessary to vacate an already-executed warrant of eviction.