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/ ↗

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Contrary to the Supreme Court's conclusion, which failed to afford the plaintiffs' submissions the favorable assumptions to which they were entitled (see e.g. Vega v Restani Constr. Corp., 18 NY3d 499, 503; O'Brien v Asphalt Green, Inc., 193 AD3d 1061, 1062), the owners failed to demonstrate that no triable issues of fact exist as to whether the plaintiffs were licensees and not tenants of the owners' buildings. Indeed, there are triable issues of fact as to whether the plaintiffs are entitled to the protection of the Rent Stabilization Code and whether the agreements between the owners and the We Care companies created illusory tenancies so as to deprive the plaintiffs of their rights under the Rent Stabilization Code.

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