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MATTER OF KURLAND v. NEW WALL STREET CAMERA, INC.

297 A.D.2d 214 (2002)

745 N.Y.S.2d 692

In the Matter of ELLIOT KURLAND, Petitioner, and OTTO GERDAU CO., Appellant, v. NEW WALL STREET CAMERA, INC., Respondent.

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

Decided August 1, 2002.

Appeal from order, Supreme Court, New York County (Karla Moskowitz, J.), entered April 24, 2002, unanimously dismissed, with costs to petitioner-appellant. While the nonpayment proceeding has been remanded to Civil Court due to events subsequent to the calendaring of this appeal and therefore this appeal must be dismissed, we note that respondent's continued possession of the premises without payment of use and occupancy is indefensible. Motion seeking leave to dismiss appeal...

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