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LRHC FLATBUSH, N.Y. L. L. C. v. AFTOR T. REALTY, INC.

282 A.D.2d 577 (2001)

722 N.Y.S.2d 910

LRHC FLATBUSH, N. Y., L. L. C., Respondent, v. AFTOR T. REALTY, INC., Appellant.

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

Decided April 16, 2001.

Ordered that the order is reversed, on the law, with costs, and the motion is denied; and it is further,

Ordered that the Clerk of the Supreme Court, Kings County, is directed to deliver to the Clerk of the Civil Court, Kings County, the file in Aftor T. Realty v LRHC Flatbush, N. Y.

The Supreme Court erred in directing that the summary nonpayment proceeding be consolidated with the instant action. The parties' lease provided that if the appellant began...

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