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11 PARK PLACE ASSOCS. v. BARNES

202 A.D.2d 292 (1994)

608 N.Y.S.2d 664

11 Park Place Associates, Respondent, v. Joseph Barnes et al., Appellants, et al., Defendant

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

March 17, 1994

We agree with the IAS Court that there exist no triable issues of fact as to liability for rent on the suites in question pursuant to the leases entered into and the month-to-month tenancies of the defendant tenants and undertenants. Accordingly, the IAS Court properly rejected the unsubstantiated defenses of surrender, constructive eviction and settlement, and granted partial summary judgment.

We further note that the landlord...

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