BEY v. SOBRO LOCAL DEV. CORP.

10292. 302595/16.

177 A.D.3d 448 (2019)

112 N.Y.S.3d 50

2019 NY Slip Op 08155

Messiah Ali Bey, Appellant, v. Sobro Local Development Corporation, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 12, 2019.


Bey's claim for declaratory relief was based on a purported inconsistency between the prior determinations. The February 19, 2013 order, issued in the first holdover proceeding, did not determine that Bey had legal occupancy of the premises, but stated the landlord could not prevail on summary judgment due to issues of fact, which would have to be determined after a trial. The January 27, 2014 judgment of possession in landlord's favor issued in the second holdover proceeding...

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