McFadden v. Sassower, 27 Misc. 3d 45 (2010)
- Citation
- McFadden v. Sassower, 27 Misc. 3d 45 (2010)
- Parent Document
- McFadden v. Sassower, 27 Misc. 3d 45 (2010)
- Jurisdiction
- New York (state)
- Effective Date
- 2010-02-23
Other Sections in This Document (16)
- McFadden v. Sassower, 27 Misc. 3d 45 (2010)
- McFadden v. Sassower, 27 Misc. 3d 45 (2010)
- McFadden v. Sassower, 27 Misc. 3d 45 (2010)
- McFadden v. Sassower, 27 Misc. 3d 45 (2010)
- McFadden v. Sassower, 27 Misc. 3d 45 (2010)
- McFadden v. Sassower, 27 Misc. 3d 45 (2010)
- McFadden v. Sassower, 27 Misc. 3d 45 (2010)
- McFadden v. Sassower, 27 Misc. 3d 45 (2010)
- McFadden v. Sassower, 27 Misc. 3d 45 (2010)
- McFadden v. Sassower, 27 Misc. 3d 45 (2010)
- McFadden v. Sassower, 27 Misc. 3d 45 (2010)
- McFadden v. Sassower, 27 Misc. 3d 45 (2010)
- McFadden v. Sassower, 27 Misc. 3d 45 (2010)
- McFadden v. Sassower, 27 Misc. 3d 45 (2010)
- McFadden v. Sassower, 27 Misc. 3d 45 (2010)
- McFadden v. Sassower, 27 Misc. 3d 45 (2010)
Full Text
723 charsTenant has argued that this proceeding must be dismissed pursuant to CPLR 3211 (a) (4) because several summary proceedings were commenced against her many years earlier and remained pending. To warrant dismissal on this ground, the earlier proceedings must have been based on the same actionable wrong as the instant proceeding (see JC Mfg. v NPI Elec., 178 AD2d 505 [1991]; Pagano v Cohen, 190 Misc 2d 308 [App Term, 2d & 11th Jud Dists 2001]). As the instant holdover proceeding is based upon tenant’s failure to vacate the subject apartment pursuant to a notice of termination served in 2007, it is impossible for the proceedings that were commenced in 1987, 1988 or 1989 to have been based on the same actionable wrong.