Vinson v. Greenburgh Housing Authority
| Decision Date | 01 July 1970 |
| Citation | 27 N.Y.2d 675,314 N.Y.S.2d 1 |
| Parties | , 262 N.E.2d 211 In the Matter of Bennie VINSON et al., Respondents, v. GREENBURGH HOUSING AUTHORITY, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 29 A.D.2d 338, 288 N.Y.S.2d 159.
Robert P. Levine, Myron S. Isaacs, New York City, Rudolph D. Raiford, New Rochelle, for petitioners-respondents.
Bleakley, Platt, Schmidt, Hart & Fritz, White Plains (J. Robert Bleakley, Thomas E. O'Neill, White Plains, of counsel), for respondent-appellant.
Tenants in housing project owned and operated by Housing Authority brought an Article 78 proceeding against the Housing Authority to annul determination of Housing Authority to institute summary proceedings to evict tenants.
The Supreme Court, Special Term, Westchester County, Joseph F. Hawkins, J., rendered an order granting a motion for an order in favor of the tenants, and the Housing Authority appealed by permission.
The Appellate Division, Hopkins, J., 29 A.D.2d 338, 288 N.Y.S.2d 159, rendered an order affirming the order of the Special Term. The Appellate Division held that the Housing Authority could not evict tenants on mere whim or caprice or arbitrary reason. Beldock, P.J., dissented and filed an opinion. Christ, J., dissented and concurred in dissenting opinion of Beldock, P.J.
The Housing Authority appealed to the Court of Appeals, contending that determination of Housing Authority to terminate the lease was consistent with operative terms of lease and Housing Authority was under no legal duty, express or implied, to disclose the reason for such termination, and that provisions of Title 9, New York Code of Rules and Regulations, § 1627--7.3 are not retroactive.
Order affirmed, without costs. Question certified answered in the affirmative.
All concur.
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Young v. Halle Housing Associates, L.P., 00 Civ. 0567(GEL).
... ... Cf. Vinson v. Greenburgh Hous. Auth., 29 A.D.2d 338, 288 N.Y.S.2d 159 (2d Dep't 1968), aff'd, 27 N.Y.2d ... Id. at 619 n. 1. Given the considerable change in Supreme Court authority since that case was decided, these facts are sufficient to distinguish it ... 9. Indeed, in ... ...
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Jacobson v. New York Racing Ass'n, Inc.
...as housing, is being performed (cf. Matter of Vinson v. Greenburgh Housing Auth., 29 A.D.2d 338, 288 N.Y.S.2d 159, affd. 27 N.Y.2d 675, 314 N.Y.S.2d 1, 262 N.E.2d 211). That was not the case in Coleman v. Wagner Coll. (429 F.2d 1120, Supra), where a private college was the subject of the li......
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Lopez v. Henry Phipps Plaza South, Inc.
...(1971); Vinson v. Greenburgh Housing Authority, 29 App.Div.2d 338, 288 N.Y.S.2d 159 (2d Dep't 1968), aff'd without opinion, 27 N.Y.2d 675, 314 N.Y.S.2d 1 (1970). 8 If counsel for Phipps had asked us also to direct dismissal of the complaint, we might well have done so, as we could do even i......
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Spady v. Mount Vernon Housing Authority
...presented by this record. In Matter of Vinson v. Greenburgh Housing Auth. (29 A.D.2d 338, 288 N.Y.S.2d 159, affd. 27 N.Y.2d 675, 314 N.Y.S.2d 1, 262 N.E.2d 211) we held that a State agency owning and operating a low-rent public housing project could not arbitrarily evict a low-income tenant......