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JOSEPH P. DAY REALTY CORP. v. DAVIDSON

209 A.D.2d 353 (1994)

619 N.Y.S.2d 553

Joseph P. Day Realty Corp., Appellant, v. Arthur T. Davidson, Jr., Respondent

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

November 29, 1994

Motion of defendant-respondent to enlarge the record is denied, without costs.

We hold that on this record it was error to withhold entry of judgment for the rent due as to which the court awarded partial summary judgment. Plaintiff presented a prima facie case for unpaid rent, and plaintiff was thus entitled to partial summary judgment (see, CIT Group/Factoring Mfrs. Hanover v Supermarkets Gen. Corp., 172 A.D.2d 278

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