LEX 33 ASSOCIATES, LP v. Grasso
| Decision Date | 17 May 2001 |
| Citation | 724 N.Y.S.2d 413,283 A.D.2d 272 |
| Parties | LEX 33 ASSOCIATES, L.P., Appellant,<BR>v.<BR>APRIL GRASSO et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Concur — Rosenberger, J. P., Williams, Andrias, Wallach and Saxe, JJ.
This action is for a declaration, inter alia, nullifying a nine-year old rent-stabilized "sweetheart" lease initially granted to tenant Grasso in 1990 by plaintiff landlord's predecessor (who happened to be Grasso's father). Rather than renewing the lease upon demand, plaintiff sought defendants' immediate eviction and damages for recent use and occupancy and the difference between rent actually paid and the fair market rental value of the apartment throughout the life of the lease.
The IAS court, which has jurisdiction to grant declaratory relief (CPLR 3001), erroneously transferred this case to the New York City Civil Court, which lacks such authority (Green v Glenbriar Co., 131 AD2d 363) except in limited circumstances not applicable herein (see, e.g., CCA 212-a). The act of transfer from Supreme Court to Civil Court does not automatically confer the former's subject matter jurisdiction upon the latter (BLF Realty Holding Corp. v Kasher, 183 Misc 2d 953 [App Term]). While the Civil Court is generally preferred for landlord-tenant disputes, it is nonetheless inappropriate for Supreme Court to transfer a case to that forum where, as in this instance, its limited jurisdiction renders it incapable of affording the primary...
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...correctly asserts, it is for the plaintiff to determine how, and in which court, to plead its case (Lex 33 Assoc. v. Grasso, 283 A.D.2d 272, 273, 724 N.Y.S.2d 413 [1st Dept. 2001] [plaintiff entitled to ‘chart its own procedural course’] ). Thus, the tenants are entirely incorrect in assert......
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...were entitled to pursue their action in Supreme Court, to obtain injunctive relief unavailable in Civil Court. Lex 33 Assoc. v. Grasso, 283 A.D.2d 272 (1st Dep't 2001); Eckstein v. New York Univ., 270 A.D.2d 208 (1st Dep't 2000); North Waterside Redevelopment Co., L.P. v. Febbraro, 256 A.D.......
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Lex 33 Assoc. v. Grasso
...724 N.Y.S.2d 413 (A.D. 1 Dept. 2001) ... Lex 33 Associates, L.P., Plaintiff-Appellant, ... April Grasso, et al., Defendants-Respondents ... SUPREME COURT OF THE STATE OF NEW YORK ... APPELLATE DIVISION: FIRST JUDICIAL DEPARTMENT ... May 17, 2001 ... David B. Rosenbaum - for plaintiff-appellant, ... Barry J. Yellen - for ... ...
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Fishbein v. Goldman
...in a Housing Part action for repairs is not suited for resolution of a claim for money damages (see e.g. Lex 33 Assoc. v. Grasso, 283 A.D.2d 272, 273, 724 N.Y.S.2d 413 [1st Dept. 2001] ; D'Agostino v. Forty–Three E. Equities Corp., 16 Misc.3d 59, 60, 842 N.Y.S.2d 122 [App. Term First Dept. ......