Sapp v. Clark Wilson, Inc., 2022 NY Slip Op 04184 (2022)

Citation: Sapp v. Clark Wilson, Inc., 2022 NY Slip Op 04184 (2022)
Parent Document: Sapp v. Clark Wilson, Inc., 2022 NY Slip Op 04184 (2022)
Jurisdiction: New York (state)
Effective Date: 2022-06-29
Original Source: https://www.courtlistener.com/opinion/6620002/sapp-v-clark-wilson-inc/ ↗

Full Text

837 chars

The appellants first identify factual issues concerning the relationship between the owners and We Always, asserting that evidence suggests, and further discovery will reveal, that the owners and We Always are related entities controlled by the same individuals. Even if these facts are proven true, however, the appellants assert that the owners engaged in such an illusory tenancy scheme not only by leasing to We Always, but also by leasing to CAMBA as an illusory tenant. Indeed, the effect of these leases with respect to the interests of both the owners and the appellants was the same whether units were leased to any allegedly related entity or to CAMBA. Even the per unit/per diem rent to be paid to the owners by DHS through We Always was less than $1 above the rate which CAMBA had agreed to pay the owners five years earlier.

Other Sections in This Document (51)

Full Text