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MINGO PIZZA CORP. v. HIRSTAN ASSOCIATES

289 A.D.2d 21 (2001)

733 N.Y.S.2d 414

MINGO PIZZA CORP., Appellant, v. HIRSTAN ASSOCIATES, Respondent.

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

Decided December 4, 2001.

Materials submitted in the subtenant's eviction proceeding against the sub-subtenant show that plaintiff, the main tenant, knew that defendant, the landlord, was taking steps to immediately enforce the warrant in the landlord's eviction proceeding against the subtenant and sub-subtenant, and that plaintiff had ample opportunity to intervene in that proceeding or otherwise challenge execution of the warrant. Plaintiff's failure to...

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