FOURTH AVE. OWNERS CORP. v. GESHWIND


228 A.D.2d 370 (1996)

644 N.Y.S.2d 621

Fourth Avenue Owners Corporation, Respondent, v. David Geshwind, Appellant

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

June 27, 1996


Summary judgment in the amount awarded was properly granted, it being undisputed that no maintenance was paid during the period covered by the award. The award without interest was appropriate, taking into consideration the ongoing landlord tenant dispute between the parties. None of the proposed defenses could defeat plaintiff's right to the maintenance awarded. Any claim by defendant that plaintiff did not abide by a stipulation in Civil Court relating to an earlier, separate...

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