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BROOME REALTY v. CHINA PRINT.

157 Misc.2d 572 (1993)

598 N.Y.S.2d 138

Elizabeth Broome Realty Corp., Petitioner, v. China Printing Co., Inc., Respondent.

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

March 25, 1993

Attorney(s) appearing for the Case

Kolodny & Kolodny (Peter Kolodny of counsel), for petitioner. Paul Genco for respondent.

MICHAEL D. STALLMAN, J.

In this commercial nonpayment proceeding, petitioner and respondent each have moved for summary judgment. The parties agree that there is no triable material issue, and that the court must resolve a novel issue of law: May a landlord recover rent from a commercial tenant located in a multiple dwelling upon expiration of the temporary certificate of occupancy for the commercial space, when the landlord had applied

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