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Carl Yellon

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eBook details

  • Title: Carl Yellon
  • Author : Supreme Court of New York
  • Release Date : January 06, 1982
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

In an action, inter alia, for declaratory relief, the appeal is from an order of the Supreme Court, Queens County (Graci, J.), dated August 7, 1981, which, inter alia, granted plaintiff Carl Yellons motion for summary judgment.Order affirmed, with $50 costs and disbursements. Appellants shall proffer the shares of stock together with the proprietary lease applicable thereto with regard to apartment M-37 at 2 Dartmouth Street, Forest Hills, New York, to plaintiff Carl Yellon and his wife Lori Yellon, within 10 days after service upon appellants of a copy of the order to be made hereon, with notice of entry. As of July 1, 1980 defendant Reiner-Kaiser Associates (Reiner-Kaiser) was the owner of a multiple dwelling located at 2 Dartmouth Street in Forest Hills, New York. Reiner-Kaiser is a partnership consisting of Ray Kaiser and Warren H. Reiner. Ray Kaiser is also sole owner and operator of defendant B & T Realty, the managing agent of the premises at 2 Dartmouth Street. Defendant Station Square Inn Apartments Corp. is a domestic corporation formed at the behest of Ray Kaiser and Warren Reiner, the controlling stockholders, to become the co-operative owner of the aforesaid premises. On or about June 11, 1980 and continuing until September 15, 1980, Albert W. Inglesby was an employee of B & T Realty. After negotiations with Mr. Inglesby on behalf of Reiner-Kaiser, plaintiff Carl Yellon signed a blank lease for a one-bedroom apartment at 2 Dartmouth Street, effective July 1, 1980. Yellon drew two checks payable to Reiner-Kaiser, one for the month of July, 1980 and the other for the security deposit. Both checks were indorsed and deposited by Reiner-Kaiser in its bank account. Thereafter, Yellon paid rent to Reiner-Kaiser directly, together with all other additional tenant charges he was called upon to pay by the landlord. It is not disputed that the apartment is subject to the Rent Stabilization Law. On or about September 15, 1980 Al Inglesby left the employment of B & T Realty and was replaced by Stan Krisman. Krisman is a licensed real estate broker, who, inter alia, acts as rental agent for Reiner-Kaiser. Krisman lives with his wife and three children in a jointly owned four-bedroom house in Plainview, New York. Krisman alleged that he is the prime tenant of apartment M-37. The blank lease signed by Yellon was returned to him at the end of July, 1980. Said lease was signed on behalf of the landlord as follows:


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