Odette Realty Co. v. Tremblay

CourtNew York Supreme Court — Appellate Division
Writing for the CourtBefore SULLIVAN
Citation203 A.D.2d 149,610 N.Y.S.2d 519
Decision Date21 April 1994
PartiesODETTE REALTY COMPANY, Petitioner-Appellant, v. Lisa T. TREMBLAY, etc., et al., Respondents-Respondents.

Page 519

610 N.Y.S.2d 519
203 A.D.2d 149
ODETTE REALTY COMPANY, Petitioner-Appellant,
v.
Lisa T. TREMBLAY, etc., et al., Respondents-Respondents.
Supreme Court, Appellate Division,
First Department.
April 21, 1994.

Page 520

Before SULLIVAN, J.P., and ROSENBERGER, KUPFERMAN and ROSS, JJ.

MEMORANDUM DECISION.

Order and judgment (one paper), Supreme Court, New York County (Myriam J. Altman, [203 A.D.2d 150] J.), entered March 18, 1993 dismissing the summary proceeding, unanimously affirmed, without costs or disbursements.

Respondents Lisa Tremblay and Christopher Murray are the holders of a lease, executed by M. Rabina in behalf of 251 West 92nd Corp. as landlord on January 6, 1992, for apartment 9C at 251 West 92nd Street, naming each of them as tenants. The apartment is rent stabilized and the lease registered with the Division of Housing and Community Renewal (DHCR). The lease was executed before the issuance of an order precluding 251 West 92nd Corp. from entering into leases with other prospective tenants for apartments in the premises without the consent of Paul Bogoni, who had commenced a separate action against Claire Friedlander, Maidad Rabina and others in the Supreme Court, New York County, attempting to establish his interest in the partnership, Odette Realty Co. (Bogoni v. Friedlander, Index No. 20499/86.) One of Odette's assets, at least until May 24, 1988, was the apartment building at 251 West 92nd Street. Bogoni and Friedlander had executed a joint venture agreement on February 21, 1985 reciting that they owned the 251 West 92nd Street premises "as tenants in common (Friedlander owns 45%, Bogoni owns 55%)" and that they will "use their best efforts in co-operating with each other to expedite the conversion of the premises to co-op ownership." (Bogoni v. Friedlander, 197 A.D.2d 281, 284, 610 N.Y.S.2d 511 [decided simultaneously herewith].) The relationship between Bogoni and Friedlander deteriorated and, on April 18, 1988, Friedlander executed a contract on behalf of Odette to sell the premises to Rabina. (Id.) The sale was consummated on May 24, 1988 and title taken in the name of 251 West 92nd Corp. After a trial of the Bogoni matter, the sale was voided and Odette directed, by judgment entered on or about October 30, 1992, to convey title to the premises to Bogoni and Friedlander as tenants in common. Odette thereafter, on the basis of that judgment, commenced this summary proceeding against the Murrays seeking their...

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4 practice notes
  • FTBK Investor II LLC v. Genesis Holding LLC, 810163/2011
    • United States
    • United States State Supreme Court (New York)
    • 19 d2 Agosto d2 2014
    ...A.D.3d at 208, 810 N.Y.S.2d 180 ; Cseh v. New York City Tr. Auth., 240 A.D.2d at 271, 658 N.Y.S.2d 618 ; Norwood v. City of New York, 203 A.D.2d at 149, 610 N.Y.S.2d 249.Genesis Holding's proposed seventh defense alleges that JPMorgan Chase did not hold the note and mortgage and thus lacked......
  • Glynos v. Dorizas, Index No. 113984/2011
    • United States
    • United States State Supreme Court (New York)
    • 6 d5 Março d5 2015
    ...Diamantbank N.V. v. Nissel, 27 A.D.3d at 208; Cseh v. New York City Tr. Auth., 240 A.D.2d at 271; Norwood v. City of New York, 203 A.D.2d at 149. Plaintiff protests that he will suffer prejudice from the addition of this defense, but the only prejudice, if any, is that unfortunately, as a r......
  • Norwood v. City of New York
    • United States
    • New York Supreme Court Appellate Division
    • 21 d4 Abril d4 1994
    ...Ltd., 64 N.Y.2d 692, 485 N.Y.S.2d 518, 474 N.E.2d 1186; Fahey v. County of Ontario, 44 N.Y.2d 934, 408 N.Y.S.2d 314, 380 N.E.2d 146). [203 A.D.2d 149] It cannot be said that the proposed defense lacked merit. The qualified privilege defense cloaks certain statements, even if defamatory, wit......
  • Annunziato v. City of N.Y., No. 13634/93.
    • United States
    • United States State Supreme Court (New York)
    • 8 d3 Abril d3 2015
    ...here), it is the City's position that the granting of its motion will not result in prejudice (see e.g. Norwood v. City of New York, 203 A.D.2d at 149 ).Although not unsympathetic to plaintiffs' claim that the proposed amendment will require further extensive and costly discovery, the foreg......
4 cases
  • FTBK Investor II LLC v. Genesis Holding LLC, 810163/2011
    • United States
    • United States State Supreme Court (New York)
    • 19 d2 Agosto d2 2014
    ...A.D.3d at 208, 810 N.Y.S.2d 180 ; Cseh v. New York City Tr. Auth., 240 A.D.2d at 271, 658 N.Y.S.2d 618 ; Norwood v. City of New York, 203 A.D.2d at 149, 610 N.Y.S.2d 249.Genesis Holding's proposed seventh defense alleges that JPMorgan Chase did not hold the note and mortgage and thus lacked......
  • Glynos v. Dorizas, Index No. 113984/2011
    • United States
    • United States State Supreme Court (New York)
    • 6 d5 Março d5 2015
    ...Diamantbank N.V. v. Nissel, 27 A.D.3d at 208; Cseh v. New York City Tr. Auth., 240 A.D.2d at 271; Norwood v. City of New York, 203 A.D.2d at 149. Plaintiff protests that he will suffer prejudice from the addition of this defense, but the only prejudice, if any, is that unfortunately, as a r......
  • Norwood v. City of New York
    • United States
    • New York Supreme Court Appellate Division
    • 21 d4 Abril d4 1994
    ...Ltd., 64 N.Y.2d 692, 485 N.Y.S.2d 518, 474 N.E.2d 1186; Fahey v. County of Ontario, 44 N.Y.2d 934, 408 N.Y.S.2d 314, 380 N.E.2d 146). [203 A.D.2d 149] It cannot be said that the proposed defense lacked merit. The qualified privilege defense cloaks certain statements, even if defamatory, wit......
  • Annunziato v. City of N.Y., No. 13634/93.
    • United States
    • United States State Supreme Court (New York)
    • 8 d3 Abril d3 2015
    ...here), it is the City's position that the granting of its motion will not result in prejudice (see e.g. Norwood v. City of New York, 203 A.D.2d at 149 ).Although not unsympathetic to plaintiffs' claim that the proposed amendment will require further extensive and costly discovery, the foreg......

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