FRONT STREET REST CORP. v. CIOLLI

2015-469 KC.

55 Misc.3d 104 (2017)

2017 NY Slip Op 27096

49 N.Y.S.3d 811

FRONT STREET RESTAURANT CORP., Respondent, v. FRANK CIOLLI, Appellant, et al., Undertenants.

Supreme Court, Appellate Term, Second Department.

Decided March 29, 2017.


Attorney(s) appearing for the Case

Peter J. Pruzan for appellant.

The Shell Law Firm, PLLC ( Martin Shell of counsel) for respondent.

SOLOMON, J.P., PESCE and ELLIOT, JJ., concur.


OPINION OF THE COURT

MEMORANDUM.

Ordered that the final judgment is reversed, without costs, and the matter is remitted to the Civil Court for the determination of tenant's pending motion and landlord's pending cross motion and for all further proceedings.

Before answering the petition in this commercial holdover proceeding, tenant moved to dismiss, and landlord cross-moved for summary judgment....

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