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Despite Ruling Against Tenant, Panel Restates Opinion as to Martin Act, Tenant Protection

Posted by New York Tenant on July 18, 2001 at 07:57:10:

This case was previously mentioned in an article in the New York Law Journal about conflicting rulings between the Appellate Term, First Department (covering Manhattan and the Bronx) and the Appellate Term, Second Department (covering Brooklyn, Queens, and Staten Island).

Despite Ruling Against Tenant, Panel Restates Opinion as to Martin Act, Tenant Protection

Tenant appealed from an order denying his motion to vacate a default judgment in a holdover summary proceeding. Tenant claimed protection from eviction by the Martin Act. The panel affirmed denial of the tenant's motion, but restated its opinion that the Martin Act's protection of tenants extended to those who rented a co-op from a sponsor after its transfer of title to the cooperative corporation. The tenant was not able to rely on the Appellate Term's ruling in Paikoff v. Harris, because the building in Staten Island where he was renting had been converted before 1982, the effective date of the Martin Act. The court, however, asserted that the Martin Act protection for nonpurchasing tenants, requiring that the sponsor offer a tenant the opportunity to renew his lease, did not end until all the sponsor's unsold shares were sold.

Geiser v. Maran, Supreme Court, Appellate Term, 2nd & 11th Districts, Judges Scholnick, Aronin and Patterson

You can read the entire decision if you register for a trial subscription to the Law Journal:

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