Jeffrey Metz, Chief of Adam Leitman Bailey, P.C.’s Appellate Bureau and partner since 2009, has participated in several of the most important New York real estate decisions in the past thirty-five years. Mr. Metz has prepared and argued in excess of three hundred appeals, approximately two hundred and seventy-five of which have been officially reported. Besides having appeared before the New York State Court of Appeals, the Appellate Division, First, Second and Third Departments, various Appellate Terms and the United States Court of Appeals for the Second Circuit, State Supreme, Civil and Housing Courts, Mr. Metz’s practice includes preparation and prosecution of Article 78 proceedings relative to decisions of the Rent Regulatory Agencies and various Supreme Court declaratory judgment actions relating to landlord/tenant and/or real estate disputes in both residential and commercial contexts. Some of Mr. Metz’s more notable cases appear below:
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Adam Leitman Bailey, P.C. Succeeds on Appeal by Overturning an Order Dismissing a Foreclosure Action and Tolling Interest
Adam Leitman Bailey, P.C. Succeeds on Appeal by Overturning an Order Dismissing a Foreclosure Action and Tolling Interest
In 2011, the lender commenced a foreclosure action against the borrower. The lender ultimately moved for Summary Judgment and an Order of Reference, in response to which the borrower cross-moved for dismissal alleging that the lender lacked the capacity to sue in New York because the lender was not authorized to do business within the state. In a devastating Decision and Order against the lender, the Court dismissed the complaint on the grounds that the lender did not have the...
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Realty Law Digest
Realty Law Digest
New York Law JournalContracts—Statute of Frauds—Oral Contract for Purchase of Home Governed by General Obligations Law §5-703—Plaintiffs May Pursue Claim for Specific Performance Based on Part Performance Exception This decision involved an action for a specific performance of a contract for the sale of real property. The plaintiffs appealed from a trial court order which, in so far as appealed from, granted those portions of the defendant’s motion pursuant to CPLR 3211(a)(5) to dismiss the first, third, fourth, and fifth causes of action...
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Adam Leitman Bailey, P.C. Protects Homeowner’s Claim to Adverse Possession of Common Driveway
Adam Leitman Bailey, P.C. Protects Homeowner’s Claim to Adverse Possession of Common Driveway
In a victory for a Brooklyn homeowner, Adam Leitman Bailey, P.C. secured an appellate victory that allows the homeowner to pursue his claim that his family’s 30 years of exclusive use of a common driveway between his house and his neighbors gave him permanent rights in the driveway. When two Bay Ridge homes were built in the 1920s, they shared a common driveway to access the garages that were then in their back yards, and documented their mutual access to...
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Adam Leitman Bailey, P.C. Protects Foreclosure Purchaser and Clarifies Intervention Question
Adam Leitman Bailey, P.C. Protects Foreclosure Purchaser and Clarifies Intervention Question
After a property is sold at a foreclosure sale, the foreclosed owner will frequently move to vacate the foreclosure, claiming that it did not receive proper notice. In a case decided by the Appellate Division, First Department, Adam Leitman Bailey, P.C. successfully defended the purchaser of a development site in the Bronx in a tax lien foreclosure. The foreclosure was brought by a New York City Tax Lien Trust, which served the limited liability company property owner through the New...
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Lawrence Kingsley v. 300 W. 106th St. Corp
Lawrence Kingsley v. 300 W. 106th St. Corp
Friedman, J.P., Sweeny, Gische, Mazzarelli, Gesmer, JJ. 6778- Index 162016/15 6778A- 6778B- 6778C & M-2402 Lawrence Kingsley, Plaintiff-Appellant, -against- 300 W. 106th St. Corp., Defendant-Respondent. – – – – – [And a Third-Party Action] _____________________ Lawrence Kingsley, appellant pro se. Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for respondent. _____________________ Order, Supreme Court, New York County (Shlomo Hagler, J.), entered on or about July 6, 2016, which granted defendant’s motion for outstanding use and occupancy from...
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Landlord-Tenant—Succession—Income Affidavit Is Not Conclusive Evidence
Landlord-Tenant—Succession—Income Affidavit Is Not Conclusive Evidence
New York Law JournalA trial court denied a petition to annul a determination by the NYC Dep’t of Housing Preservation and Development (HPD), which had denied the petitioner’s claim for succession rights to the subject apartment and dismissed the subject Art. 78 proceeding. The Appellate Division (court) affirmed. The petitioner cited his inclusion on his father’s income affidavits which had been submitted to HPD. The court explained, however, that such income affidavits do not “establish his entitlement to succession rights as a matter...
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Adam Leitman Bailey, P.C. Defeats Motion to Vacate Default Judgment at Trial Court Level and on Appeal, Protecting Client’s Valid Foreclosure
Adam Leitman Bailey, P.C. Defeats Motion to Vacate Default Judgment at Trial Court Level and on Appeal, Protecting Client’s Valid Foreclosure
In Emigrant Bank v. Luigi Rosabianca, et. al, Index No. 850136/2014, Supreme Court, New York County, the parents of an infamous and now disbarred real estate lawyer, Luigi Rosabianca, (the “Parents”) defaulted in a civil action to foreclose on their residence, by failing to submit an answer responding to a complaint brought by our lender client. They were shown to have both constructive and actual notice of this pending litigation. Adam Leitman Bailey, P.C. moved for a default judgment. The...
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Stillwell Cafe v. 1680 Eastchester Realty Corp.
Stillwell Cafe v. 1680 Eastchester Realty Corp.
Stillwell Café v 1680 Eastchester Realty Corp Mazzarelli, J.P., Sweeny, Richter, Manzanet-Daniels, Feinman, JJ. 2587N Index 21236/13E Stillwell Cafe, Inc., et al., Plaintiffs-Appellants, -against- 1680 Eastchester Realty Corp., Defendant – Respondent. Trivella & Forte, LLP, White Plains (Arthur J. Muller III of counsel), for appellants. Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for respondent. Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered August 21, 2015, which granted defendant’s...
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Deutsche Bank National Trust Company, etc. v. Frank A. Romano
Deutsche Bank National Trust Company, etc. v. Frank A. Romano
Deutsche Bank National Trust Company, etc., respondent, v Frank A. Romano, appellant, et al., defendants. (Index No. 33230/11) Katerina N. Arvanitakis, Bayside, NY, for appellant. Adam Leitman Bailey, P.C., New York, NY (Jeffrey R. Metz of counsel), for respondent. In an action to foreclose amortgage, the defendant FrankA.Romano appeals (1) from an order of the SupremeCourt, Suffolk County (Spinner, J.), dated May 13, 2014, and (2), as limited by his brief, from so much of an order of the same...
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Adam Leitman Bailey, P.C. Protects U.S. Bank, N.A.’s Mortgage from a Condominium Common Charge Lien Foreclosure Sale and the Second Department Affirms
Adam Leitman Bailey, P.C. Protects U.S. Bank, N.A.’s Mortgage from a Condominium Common Charge Lien Foreclosure Sale and the Second Department Affirms
In Bd. of Mgrs. of Regent’s Park Gardens Condominium v. US Bank, N.A., et. al., a Decision and Order was both won in the lower court and then affirmed on appeal by the Second Department in favor of U.S. Bank, N.A., defeating a motion, brought by the high bidder of property in Queens at a common charge lien foreclosure sale, seeking to extinguish U.S. Bank’s mortgage, despite it being the first open mortgage of record. ...
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Adam Leitman Bailey, P.C. Reaffirms That a Time of the Essence Letter Must Detail the Consequences of a Failing to Appear at the Closing
Adam Leitman Bailey, P.C. Reaffirms That a Time of the Essence Letter Must Detail the Consequences of a Failing to Appear at the Closing
Supreme Court, Appellate Division, Second Department, New York. Ben NEHMADI, appellant-respondent, v. E. William DAVIS, respondent-appellant. May 23, 2012. Background: Purchaser brought action for specific performance of contract for sale of real property. Vendor moved for judgment on counterclaim that purchaser was in default and that vendor was entitled to retain down payment and for summary judgment. The Supreme Court, Nassau County, McCarty III, J., denied purchaser’s motion for leave to amend the complaint, denied vendor’s motion for summary judgment,...
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Conlon v. Conlon
Conlon v. Conlon
Supreme Court, Appellate Division, Second Department, New York. Thomas F. CONLON, appellant, – against – James C. CONLON, et al., respondents, et al., defendant. Aug. 13, 2014. Caruso Caruso & Branda, Brooklyn, N.Y. (Mark J. Caruso of counsel), for appellant. Adam Leitman Bailey, P.C., New York, N.Y. (Jeffrey R. Metz and Valdimir Mironenko of counsel), for respondents. In an action, inter alia, to set aside a deed dated August 9, 1996, on the ground of fraud, the plaintiff appeals (1)...
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Echevarria v. Wambua
Echevarria v. Wambua
Decided on April 1, 2014 Mazzarelli, J.P., Sweeny, Andrias, Manzanet-Daniels, Kapnick, JJ. 12112 103396/12 [*1]In re Alicia Echevarria, Petitioner-Respondent, v Matthew M. Wambua, etc., Respondent-Respondent, East Midtown Plaza Housing Company, et al., Respondents-Appellants. Abrams Garfinkel Margolis Bergson, LLP, New York (Andrew W. Gefell of counsel), for East Midtown Plaza Housing Company, appellant. Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for Mark Andermanis and Sandra Andermanis, appellants. Kevin J. Smith, New York, for Alicia Echevarria, respondent. Michael...
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Adam Leitman Bailey, P.C. Successfully Defends Owner of Building, Shows That the Purchaser Was Unable to Sustain Claims of Fraudulent Inducement, Fraud, and Promissory Estoppel
Adam Leitman Bailey, P.C. Successfully Defends Owner of Building, Shows That the Purchaser Was Unable to Sustain Claims of Fraudulent Inducement, Fraud, and Promissory Estoppel
— N.Y.S.2d —-, 2013 WL 2347542 (N.Y.A.D. 1 Dept.), 2013 N.Y. Slip Op. 03913 (Cite as: 2013 WL 2347542 (N.Y.A.D. 1 Dept.)) Supreme Court, Appellate Division, First Department, New York. B & C REALTY, CO., Plaintiff–Appellant, v. 159 [Redacted] PROPERTIES LLC, et al., Defend-ants–Respondents. May 30, 2013. Goldberg Weprin Finkel Goldstein LLP, New York (Matthew E. Hearle of counsel), for appellant. Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for respondents. GONZALEZ, P.J., MAZZARELLI, MOSKOWITZ, RENWICK, MANZANET–DANIELS,...
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East 51st Street Crane Collapse Litigation v. East 51st Street Development Company, LLC
East 51st Street Crane Collapse Litigation v. East 51st Street Development Company, LLC
Matter of East 51st St. Crane Collapse Litig. 106 A.D.3d 473, 966 N.Y.S.2d 373 NY,2013. 106 A.D.3d 473, 966 N.Y.S.2d 373, 2013 WL 1908683, 2013 N.Y. Slip Op. 03408 In the Matter of East 51st Street Crane Collapse Litigation. Jean Squeri, Respondent v East 51st Street Development Company, LLC, et al., Appellants, et al., Defendants. East 51st Street Development Company, LLC, Third-Party Plaintiff-Appellant, v Consolidated Edison Company of New York, Inc., et al., Third-Party Defendants, and Liftex Corporation, Third-Party Defendant-Respondent....
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184 Thompson St. Owner LLC
184 Thompson St. Owner LLC
Wifb w. 106 A.D.3d 542 106 A.D.3d 542 (Cite as: 106 A.D.3d 542, 965 N.Y.S.2d 114) v 184 Thompson St. Owner LLC 106 A.D.3d 542, 965 N.Y.S.2d 114 NY,2013. 106 A.D.3d 542, 965 N.Y.S.2d 114, 2013 WL 2096432, 2013 N.Y. Slip Op. 03574 Appellant v 184 Thompson Street Owner LLC, et al., Respondents. Supreme Court, Appellate Division, First Department, New York May 16, 2013 CITE TITLE AS: v 184 Thompson St. Owner LLC HEADNOTE Condominiums and Cooperatives Offering Plan Method...
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Adam Leitman Bailey, P.C. Achieves Winning Settlement on Behalf of Co-op Sellers in Landmark Housing Discrimination Case
Adam Leitman Bailey, P.C. Achieves Winning Settlement on Behalf of Co-op Sellers in Landmark Housing Discrimination Case
Client v Stewart Tenants Corp. 93 A.D.3d 550, 940 N.Y.S.2d 600 NY,2012. 93 A.D.3d 550, 940 N.Y.S.2d 600, 2012 WL 952410, 2012 N.Y. Slip Op. 02156 [redacted]Respondents-Appellants v Stewart Tenants Corporation, Appellant- Respondent, et al., Defendants. Supreme Court, Appellate Division, First Department, New York March 22, 2012 HEADNOTES Condominiums and Cooperatives Board of Directors Business Judgment Rule Civil Rights Discrimination in Housing Age and National Origin—Human Rights Law—Punitive Damages Civil Rights Discrimination in Housing Age and National Origin—Federal Fair Housing...
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Fort Washington Holdings, LLC v. Maurice Abbott
Fort Washington Holdings, LLC v. Maurice Abbott
Fort Washington Holdings, LLC v Maurice Abbott
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Hartman v. Goldman
Hartman v. Goldman
Decided on May 3, 2011 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT JOSEPH COVELLO, J.P. DANIEL D. ANGIOLILLO THOMAS A. DICKERSON SHERI S. ROMAN, JJ. 2010-04447 (Index No. 8003/09) Scott Hartman, et al., appellants, v Dorian Goldman, respondent. Robert I. Eber, Tarrytown, N.Y., for appellants. Adam Leitman Bailey, P.C. (John M. Desiderio and Jeffrey R. Metz of counsel), for respondent. DECISION & ORDER In an action, inter alia, for a judgment declaring that...
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211-06 Merrick Blvd. Associates LLC v. Crescent Electric Acquisition Corp.
211-06 Merrick Blvd. Associates LLC v. Crescent Electric Acquisition Corp.
221-06 Merrick Blvd. Associates LLC v. Crescent Electric Acquisition Corp. Before: Pesce, P.J., Golia and Rios, JJ. APPELLATE TERM Jeffrey R. Metz, Esq., New York, New York Burton R. Ross, Esq., Jaffe, Ross & Light LLP, New York, New York DECIDED Appeal from a final judgment of the Civil Court of the City of New York, Queens County (Rudolph E. Greco, Jr., J.), entered March 31, 2008. The final judgment, after a nonjury trial, dismissed the petition in a holdover...
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Lorne v. 50 Madison Avenue, LLC
Lorne v. 50 Madison Avenue, LLC
65 A.D.3d 879 (Cite as: 65 A.D.3d 879, 886 N.Y.S.2d 1) Lorne v. 50 Madison Ave. LLC 65 A.D.3d 879, 886 N.Y.S.2d 1 NY,2009. 65 A.D.3d 879886 N.Y.S.2d 1, 2009 WL 2851987, 2009 N.Y. Slip Op. 06381 Simon Lorne et al., Respondents v 50 Madison Avenue LLC et al., Respondents, and Board of Managers et al., Appellants, et al., Defendants. Supreme Court, Appellate Division, First Department, New York September 8, 2009 CITE TITLE AS: Lorne v 50 Madison Ave. LLC...
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Chan v. Shew Foo Chin Appellate Division
Chan v. Shew Foo Chin Appellate Division
Chan v Shew Foo Chin 2009 NY Slip Op 03771 Decided on May 12, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on May 12, 2009 Gonzalez, P.J., Catterson, Richter, Abdus-Salaam, JJ. 525 106692/05 [*1]Miriam Chan, et al., Plaintiffs-Appellants, v Shew Foo Chin, et al., Defendants-Respondents. Hofheimer, Gartlir & Gross, LLP, New York (David...
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Pacific Carlton Development Corp. v. 752 Pacific, LLC.
Pacific Carlton Development Corp. v. 752 Pacific, LLC.
62 A.D.3d 677 (2nd Dept. 2009) Found that a cause of action for tortious interference with contractual relations brought against individual defendants could be based upon their actions as corporate officer.
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Chang v. SDI Intern, Inc.
Chang v. SDI Intern, Inc.
15 A.D.3d 520 (2d Dep’t 2005) Demonstrated to court that the plaintiffs’ request for turn-over of corporation’s tax returns and other sensitive financial information was inappropriate and should be subject to protective order.
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Classic Realty v. New York State Division of Housing & Community Renewal
Classic Realty v. New York State Division of Housing & Community Renewal
In the Matter of Classic Realty LLC, as Agent for RAM I LLC, Appellant v New York State Division of Housing and Community Renewal, Respondent Court of Appeals of New York Argued February 12, 2004 Decided March 30, 2004 CITE TITLE AS: Matter of Classic Realty v New York State Div. of Hous. & Community Renewal SUMMARY Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered August 7, 2003. The Appellate...
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Eighteen Associates, LLC v. Nanjim Leasing Corp.
Eighteen Associates, LLC v. Nanjim Leasing Corp.
Eighteen Associates, L. L. C., Respondent, v Nanjim Leasing Corp. et al., Defendants, and Mar- tin R. Kramer et al., Appellants. Supreme Court, Appellate Division, Second Department, New York (January 11, 1999) CITE TITLE AS: Eighteen Assoc. v Nanjim Leasing Corp. In an action, inter alia, to recover damages for use and occupancy of a commercial building, the de- fendants Martin R. Kramer, Morton A. Schwab, and Mark A. Stofsky appeal from so much of an order of the Supreme...
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Graubard Mollen, et al. v. 600 Third Avenue Associates
Graubard Mollen, et al. v. 600 Third Avenue Associates
Graubard Mollen Horowitz Pomeranz & Shapiro, Respondent, v. 600 Third Avenue Associates, Appellant. Court of Appeals of New York Argued May 5, 1999; Decided June 10, 1999 CITE TITLE AS: Graubard Mollen Horowitz Pom- eranz & Shapiro v 600 Third Ave. Assoc. SUMMARY Appeal, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered July 23, 1998, which (1) reversed, on the law, an order and judgment (one...
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Nick v. DHCR
Nick v. DHCR
664 N.Y.S.2d 777 (1st Dep’t 1997) Early luxury decontrol case which found that the owner was entitled to an order of deregulation upon tenant’s default and that the luxury decontrol provisions of the Rent Stabilization Law do not violate due process or equal protection guarantees.
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Ansonia Residents Ass’n v. DHCR to Court of Appeals
Ansonia Residents Ass’n v. DHCR to Court of Appeals
Argued October 19, 1989. Decided November 21, 1989. David Ng, William A. Herbert and Susan A. Saslow for appellants-respondents. Donald Eng and David Rozenholc for intervenors-respondents-appellants. Mary Ellen Cronly and Dennis B. Hasher for respondent. Dean G. Yuzek, Arthur C. Fahlbusch, Jr., Richard L. Gabriel and Jeffrey R. Metz for intervenor-respondent. Joseph L. Forstadt, Anthony I. Pye and Martin J. Heistein for Rent Stabilization Association of New York City, Inc., amicus curiae. Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA...
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Graubard Mollen, et al. v. 600 Third Avenue Associates (Dec. 5 1996)
Graubard Mollen, et al. v. 600 Third Avenue Associates (Dec. 5 1996)
Westlaw® 234 A.D.2d 49, 650 N.Y.S.2d 207 (Cite as: 234 A.D.2d 49, 650 N.Y.S.2d 207) Supreme Court, Appellate Division, First Department, New York. GRAUBARD MOLLEN HOROWITZ POMERANZ & SHAPIRO, Plaintiff—Appellant, v. 600 THIRD AVENUE ASSOCIATES, Defendant—Respondent. Dec. 5, 1996. Appeal was taken from orders of the Supreme Court, New York County, Wilk, J., directing tenant to pay landlord pendente lite 75% of the rent invoiced, to deposit the remainder into an escrow account, and to release to landlord $109,000 from...
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Holy Properties Limited, L. P. v. Kenneth Cole Productions, Inc.
Holy Properties Limited, L. P. v. Kenneth Cole Productions, Inc.
Holy Properties Limited, L. P., Respondent, v. Kenneth Cole Productions, Inc., Appellant. Court of Appeals of New York Argued October 19, 1995; Decided December 7, 1995 CITE TITLE AS: Holy Props. v Cole Prods. SUMMARY Appeal, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered October 11, 1994, which affirmed a judgment of the Supreme Court (Jane S. Solomon, J.), entered in New York County after a...
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Sullivan v. Brevard Associates
Sullivan v. Brevard Associates
Susan Sullivan, Respondent, v. Brevard Associates, Appellant. Court of Appeals of New York Argued October 15, 1985; Decided November 19, 1985 CITE TITLE AS: Sullivan v Brevard Assoc. SUMMARY Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered May 22, 1984, which unanimously affirmed an order and judgment (one paper) of the Supreme Court at Special Term (Ira Gammerman, J.), entered in New York...
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Vance v. Century Apartment Assocs. to Court of Appeals
Vance v. Century Apartment Assocs. to Court of Appeals
Established that the sub-lessor must demonstrate an intent to return.
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