107-48 QUEENS BLVD. HOLDING CORP. v. ABC BROKERAGE INC.


238 A.D.2d 557 (1997)

656 N.Y.S.2d 691

107-48 Queens Blvd. Holding Corp., Respondent, v. ABC Brokerage Inc. et al., Defendants, and Maredin Rest. Corp., Appellant. (Action No. 1.) Maredin Rest. Corp., Appellant, v. 107-48 Queens Blvd. Holding Corp., Respondent, et al., Defendants. (Action No. 2.)

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

April 28, 1997


Ordered that the order is affirmed, with costs.

In the lease between the appellant and the respondent, the appellant contractually agreed not to interpose counterclaims in the summary proceeding. This provision of the lease may not be circumvented by consolidating the summary proceeding with the Supreme Court actions (see, Titleserv, Inc. v Zenobio, 210 A.D.2d 310; Hanlon...

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