NRP v. LA CASA ELEGANTE CORP.


180 Misc.2d 300 (1999)

689 N.Y.S.2d 851

NRP L. L. C. II, Appellant, v. La Casa Elegante Corp., Respondent, et al., Respondents.

Supreme Court, Appellate Term, First Department.

January 5, 1999


Attorney(s) appearing for the Case

Litman & Jacobs, New York City (Betty Jane Jacobs of counsel), for appellant. Rose & Rose, New York City (Susan C. Warnock and Todd A. Rose of counsel), for La Casa Elegante Corp., respondent.

McCOOE, J. P., DAVIS and GONZALEZ, JJ., concur.


Per Curiam.

Order dated February 20, 1998, insofar as appealed from, reversed with $10 costs, tenant's cross motion to dismiss the holdover petition is denied, and landlord's motion to strike the first, second and third affirmative defenses is granted.

Tenant is the lessee of two adjoining store spaces under separate leases which expired 10 days apart. The later lease authorized tenant to remove the party wall separating...

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