LORDAE REALTY CORP. v. MONTEFIORE MED. CTR.


232 A.D.2d 338 (1996)

648 N.Y.S.2d 598

Lordae Realty Corp., Respondent, v. Montefiore Medical Center, Appellant

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

October 31, 1996


Defendant, a medical facility, allegedly removed itself from leased premises, leaving behind equipment and fixtures that it did not dispose of until some five months later. Under the second cause of action, plaintiff seeks to hold defendant liable for rent as a holdover for that five-month period, but, on defendant's motion for summary judgment, the IAS Court found an issue of fact as to whether defendant "continued to use the premises as a storage facility or otherwise"...

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