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

1,337 chars

Finally, this Court's decision in DiGiorgio v 1109-1113 Manhattan Ave. Partners, LLC (102 AD3d 725), does not warrant a different result. In that declaratory judgment action, pursuant to "'transitional residency agreements,'" the plaintiffs occupied rooms in a hotel owned by the defendant 109-1113 Manhattan Avenue Partners, LLC (hereinafter MAP), and leased to the defendant CIS Counseling Center, Inc. (hereinafter CIS) (id. at 727). The plaintiffs sought, among other things, a judgment declaring that the agreement between MAP and CIS constituted an illusory tenancy (see id.). The Supreme Court, inter alia, dismissed that cause of action pursuant to CPLR 3211(a)(7) for failure to state a cause of action. In reversing that portion of the order, this Court merely determined that the allegations of the complaint were "sufficient to invoke the Supreme Court's power to render a declaration as to whether the alleged agreement between MAP and CIS constituted an illusory tenancy" (DiGiorgio v 1109-1113 Manhattan Ave. Partners, LLC, 102 AD3d at 729). In other words, material factual differences between the present case and DiGiorgio aside, this Court merely determined in DiGiorgio that the plaintiffs had stated a cause of action for declaratory relief, not that material issues of fact existed as to the illusory tenancy claim.

Other Sections in This Document (51)

Full Text