Chen v. Brito – Case Brief Summary (New York)

In Chen v. Brito (NYLJ, Apr. 9, 2003, at 24, col 6), an owner-use holdover proceeding, the respondent moved to dismiss the petition based on defects in service of the petition, and there was motion practice and adjournments from November 12, 2002 through January 14, 2003.

The petitioner commenced a second owner-use holdover proceeding seeking the identical relief on December 11, 2002 "during the active litigation and motion practice in the prior proceeding."

Both matters appeared on the calendar on January 14, 2003 and the "petitioner discontinued the prior 'owner's-use' holdover by stipulation, which stipulation reserved respondent's defense that petitioner was barred from commencing a new 'owner's-use' holdover proceeding based upon the same predicate notice of lease nonrenewal as used in the prior holdover."

New York Case Brief Dismiss Lease Litigation Motions Notice Petitions

why use lawpipe ?

The largest case briefs database in the U.S (over 60,000 case briefs).
New case briefs and articles updated monthly edited by experts.
Our legal database contains only important rulings and decisions, to ensure efficient and faster legal research.
Our search engine recommends only highly relevant briefs or articles, bypassing the need to browse through hundreds (and sometimes thousands!) of Irrelevant search results.
Search from 2,000+ legal terms keyed to our case briefs and articles, For each term, we show you every case brief and article in our database that relates to that term.