PIVNICK v. FRALEY REALTY CORP.


157 A.D.2d 466 (1990)

Anitra Pivnick, Appellant, v. Fraley Realty Corp. et al., Respondents, et al., Third-Party Plaintiff, et al., Third-Party Defendant

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

January 9, 1990


In his decision of May 29, 1985, rendered after trial, Justice Bowman determined that, inter alia, "Upon delivery of a fully executed lease the plaintiff shall tender to the defendant-landlord any outstanding rentals at the prevailing rate, together with applicable interest", and directed that a judgment be settled thereon. The original proposed judgment, notice of which was not served upon the defendant, omitted to direct plaintiff to tender to defendant landlord...

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