11 PARK PLACE ASSOCS. v. BARNES


220 A.D.2d 339 (1995)

633 N.Y.S.2d 19

11 Park Place Associates, Respondent, v. Joseph Barnes, Appellant, et al., Defendants

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

October 26, 1995


Defendant-appellant's argument that "the mere issuance of a[n] [eviction] warrant [in a prior summary non-payment proceeding] cancel[led] the obligation to pay future rents" regarding Suite No. 903 is without merit, since the parties' stipulation, which discontinued the summary proceeding, reserved plaintiff's right to all other claims, including damages regarding those premises for the remainder of the lease period.

The IAS Court's award of attorneys' fees was a...

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