FUNDING ASSISTANCE CORP. v. MASHREQ BANK, PSC


277 A.D.2d 127 (2000)

717 N.Y.S.2d 46

FUNDING ASSISTANCE CORP., Appellant, v. MASHREQ BANK, PSC, Respondent.

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

Decided November 21, 2000.


Pursuant to a November 1990 stipulation of settlement in a summary proceeding, plaintiff tenant agreed to the entry of a judgment of possession in exchange for a stay of that judgment's execution until March 1991. While plaintiff vacated in early 1991, it chose, for reasons not reflected in the record, not to take its personal property, office equipment and files, which plaintiff now claims, in this action to recover for the loss of the property left at the premises, commenced...

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