MATTER OF NET REALTY HOLDING TRUST v. CLERK OF THE DIST. COURT OF THE COUNTY OF SUFFOLK, THIRD DIST., HUNTINGTON PART


186 A.D.2d 570 (1992)

In the Matter of Net Realty Holding Trust, Appellant, v. Clerk of the District Court of the County of Suffolk, Third District, Huntington Part, et al., Respondents, and Anthony's Superb Pizzeria, Inc., Intervenor-Respondent

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

October 5, 1992


Ordered that the order and judgment is affirmed insofar as appealed from, with one bill of costs payable to the respondents-respondents and the intervening respondent-respondent appearing separately and filing separate briefs.

In the underlying proceeding, the petitioner, Net Realty Holding Trust (hereinafter Net) sought to recover rents owing from one of its commercial tenants, Anthony's Superb Pizzeria, Inc. (hereinafter Anthony's). Following a trial, Net, by decision...

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