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RELATED TIFFANY v. FAUST

191 Misc.2d 528 (2002)

743 N.Y.S.2d 802

RELATED TIFFANY, L.P., Respondent, v. MICHAEL FAUST, Appellant.

Supreme Court, Appellate Term, Second Department.

April 18, 2002.

Attorney(s) appearing for the Case

Brooklyn Legal Services Corp. B (John C. Gray and Edward Josephson of counsel), for appellant.

Gutman, Mintz, Baker & Sonnenfeldt, P.C., New Hyde Park (Steven J. Masef of counsel), for respondent.

ARONIN, J.P., GOLIA and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously modified by providing that, upon reargument, original decision adhered to; as so modified, affirmed without costs.

In this nonpayment proceeding, landlord seeks to recover itemized electricity surcharges in addition to base rent, pursuant to a lease clause which deems these surcharges additional rent. In a stipulation of settlement, it was agreed that landlord would have a possessory final judgment...

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