# Vinicor v. Brown

> Appellate Division of the Supreme Court of the State of New York · February 13, 1990 · 158 A.D.2d 349

URL: https://www.frixlaw.com/law-library/cases/5921661

## Case

- **Full name:** Mitchell Vinicor v. Moira Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** February 13, 1990
- **Citations:** 158 A.D.2d 349; 551 N.Y.S.2d 827; 1990 N.Y. App. Div. LEXIS 1366
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5921661

## Opinion text

Plaintiffs sued their alleged subtenant and the building’s corporate owner and president for damages for conversion of loft fixtures. Contrary to plaintiffs’ allegations, summary judgment was properly granted as they are not entitled to protection under the Loft Law because the loft has not been their primary residence since 1981 (Multiple Dwelling Law § 286 [6]; New York City Loft Board Regulations [Relating to Subletting, Subdivision, & Assignment] §B [4]; see Pendias v 3 E. 69th St. Assocs., 119 AD2d 467 [1st Dept 1986]). Nor have plaintiffs established the existence of material triable issues of fact as to whether the owner’s president acted in other than his *350 corporate capacity to preclude the grant of summary judgment (Capelin Assocs. v Globe Mfg. Corp., 34 NY2d 338 [1974]). Concur—Rosenberger, J.P., Asch, Ellerin and Wallach, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5921661. Public record. Not legal advice.