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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The Supreme Court's sole basis for awarding summary judgment to the owners was its erroneous determination as to the plaintiffs' standing. Since the owners failed to eliminate all triable issues of fact as to whether the plaintiffs are "nonaffiliated tenant[s]" under the exemption set forth in RSC § 2520.11(f), and protected by the Rent Stabilization Code, and thus whether the plaintiffs have standing to proceed on their claims alleging illusory tenancies, I submit that, contrary to the determination of my colleagues in the majority, the judgment should be reversed insofar as appealed from.

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