EAST 4TH STREET GARAGE, INC. v. ESTATE OF LOUIS BERKOWITZ


265 A.D.2d 249 (1999)

697 N.Y.S.2d 266

EAST 4TH STREET GARAGE, INC., Appellant, v. ESTATE OF LOUIS BERKOWITZ, Deceased, Doing Business as L.B. MANAGEMENT COMPANY, et al., Defendants, and KALODOP II PARK CORP., Respondent.

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

Decided October 26, 1999.


The court properly exercised its discretion in awarding defendant Kalodop II Park Corp. use and occupancy during the pendency of this action (see, 61 W. 62nd Owners Corp. v Harkness Apt. Owners Corp., 173 A.D.2d 372, lv dismissed 78 N.Y.2d 1123). Any remedy to which plaintiff is entitled for errors in the assessment of use and occupancy against it would most appropriately be obtained by...

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