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SILVERMAN v. D'ARCO

107586/11, 307, 2346NA, 2346N.

149 A.D.3d 527 (2017)

2017 NY Slip Op 02916

53 N.Y.S.3d 624

NOAH H. SILVERMAN, Respondent, v. MARY JO D'ARCO, Appellant.

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

Decided April 18, 2017.

Supreme Court has subject matter jurisdiction over this dispute (see Chelsea 18 Partners, LP v Sheck Yee Mak, 90 A.D.3d 38, 41 [1st Dept 2011]). However, the court improperly directed defendant to pay into the court, while the matter was pending, a sum for use and occupancy for the unit that constituted 32 months of rent in a matter that was then 20 months old, and thus exceeded the sums that could have been alleged to have come...

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