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1833 ASSOCS v. FRYING CARPETS

156 Misc.2d 696 (1992)

594 N.Y.S.2d 121

1833 Associates, Petitioner, v. Frying Carpets Co., Inc., et al., Respondents.

Civil Court of the City of New York, New York County.

November 10, 1992

Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein P. C. (Alan Kramer of counsel), for petitioner. Bass & Berman (John C. Brennan of counsel), for respondents. Robert Cammer for Schnurmacher Brothers.

MICHAEL D. STALLMAN, J.

This commercial nonpayment summary proceeding raises two novel questions: Can a commercial net lessee who assumed responsibility for maintenance and repair assert a defense of actual and/or constructive eviction? Can an overlandlord intervene in a summary proceeding solely for the purpose of compelling the net lessee to pay certain sums directly to the overlandlord rather than to the...

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