Omansky v. 160 Chambers St. Owners, Inc.
| Decision Date | 14 November 2017 |
| Parties | Lawrence A. OMANSKY, Plaintiff, v. 160 CHAMBERS STREET OWNERS, INC., Defendant–Respondent, Mary A. Cohen, et al., Defendants, Commerce Court 160 Chambers, Inc., Defendant–Intervenor–Appellant. |
| Court | New York Supreme Court — Appellate Division |
155 A.D.3d 460
64 N.Y.S.3d 212
Lawrence A. OMANSKY, Plaintiff,
v.
160 CHAMBERS STREET OWNERS, INC., Defendant–Respondent,
Mary A. Cohen, et al., Defendants,
Commerce Court 160 Chambers, Inc., Defendant–Intervenor–Appellant.
Supreme Court, Appellate Division, First Department, New York.
Nov. 14, 2017.
Seyfarth Shaw LLP, New York (Jerry A. Montag of counsel), for appellant.
Kucker & Bruh LLP, New York (Nativ Winiarsky of counsel), for respondent.
RICHTER, J.P., MAZZARELLI, KAHN, MOULTON, JJ.
Judgment, Supreme Court, New York County (Barbara Jaffe, J.), entered August 1, 2016, which evicted plaintiff from the subject premises and bringing up for review a supplemental order, same court and Justice, entered January 22, 2016, granting the motion of defendant 160 Chambers Street Owners, Inc. (the Cooperative) for summary judgment on the holdover petition, evicted plaintiff from the subject premises, unanimously affirmed, without costs. Appeal from the supplemental order, unanimously dismissed, without costs, as subsumed in the appeal from the judgment. Order, same court and Justice, entered April 20, 2017, which denied defendant-
intervenor Commerce Court 160 Chambers, Inc.'s motion for leave to renew the order granting the Cooperative's motion for summary judgment, unanimously affirmed, without costs. Appeal from the judgment, same court and Justice, entered July 17, 2017, which ordered plaintiff to pay damages to the Cooperative for unpaid rent and attorneys' fees and costs, unanimously dismissed, without costs, as abandoned.
This landlord-tenant dispute concerns the ground floor commercial space in a cooperative building owned by the Cooperative. Plaintiff was the original tenant and defendant-intervenor Commerce Court 160 Chambers, Inc. (Commerce) purports to be his indirect successor-in-interest.
The Cooperative's motion for summary judgment was properly granted as to its holdover petition.
Plaintiff's attempt to renew the lease by letter in December 1992—over 15 years prior to its...
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People v. Leasing Expenses Co.
...as "reasonable justification" for not offering these facts previously. C.P.L.R. § 2221(e)(3); Omansky v. 160 Chambers St. Owners, Inc., 155 A.D.3d 460, 462 (1st Dep't 2017); Shomron v. Fuks, 147 A.D.3d 685, 687 (1st Dep't 2017); Sarfati v. Palazzolo, 142 A.D.3d 877, 878 (1st Dep't 2016); Ja......
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People v. Leasing Expenses Co.
...as "reasonable justification" for not offering these facts previously. C.P.L.R. § 2221(e)(3); Omansky v. 160 Chambers St. Owners, Inc., 155 A.D.3d 460, 462 (1st Dep't 2017); Shomron v. Fuks, 147 A.D.3d 685, 687 (1st Dep't 2017); Sarfati v. Palazzolo, 142 A.D.3d 877, 878 (1st Dep't 2016); Ja......
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...of plaintiff's motion, which did not implicate its duties or rights. C.P.L.R. § 2221(e)(2); Omansky v. 160 Chambers St. Owners, Inc., 155 A.D.3d 460, 462 (1st Dep't 2017); Jones v. City of New York, 146 A.D.3d at 691; Sarfati v. Palazzolo, 142 A.D.3d 877, 877-78 (1st Dep't 2016); South Bron......
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...New York Labor Law § 240(1), to provide a basis for renewal of plaintiff's motion. C.P.L.R. § 2221(e)(2); Omansky v. 160 Chambers St. Owners, Inc., 155 A.D.3d 460, 462 (1st Dep't 2017); Jones v. City of New York, 146 A.D.3d 690, 691 (1st Dep't 2017); Sarfati v. Palazzolo, 142 A.D.3d 877, 87......