RODRIGUEZ v. 352-54 WEST 48TH STREET HOUSING DEVELOPMENT FUND CORPORATION

Index No. 154543/13. Appeal No. 13593. Case No. 2020-02260.

193 A.D.3d 533 (2021)

142 N.Y.S.3d 345

2021 NY Slip Op 02348

Neil Rodriguez, Individually and as Executor of the Estate of Graciela Alfonso, Deceased, Appellant, v. 352-54 West 48th Street Housing Development Fund Corporation, Respondent.

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

Decided April 15, 2021.


Attorney(s) appearing for the Case

Jonathan M. Landsman , New York, for appellant.

Boyd Richards Parker & Colonnelli, P.L., New York ( Jacqueline L. Aiello of counsel), for respondent.

Concur—Renwick, J.P., Gische, Webber, Moulton, JJ.


The motion court properly determined that plaintiff could not collaterally attack Appellate Term's finding in the appeal from a judgment in a holdover proceeding that defendant's rejection of plaintiff's applications to transfer the shares of an apartment was for legitimate reasons, including plaintiff's poor credit history and his unauthorized entrance into the apartment without permission (see 352-54 W. 48 St. Hous. Dev. Fund Corp. v Rodriguez, 41 Misc.3d 138[A]...

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