MAGAZINES UNLIMITED v. BENAIM


2 A.D.3d 122 (2003)

767 N.Y.S.2d 604

MAGAZINES UNLIMITED et al., Appellants, v. CARLOS BENAIM et al., Respondents.

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

December 2, 2003.


The court properly exercised its discretion when it clarified that it was its intention in its prior grant of partial summary judgment to defendant landlords to preclude plaintiff from asserting any claim for damages for personal property left by him in his former apartment and disposed of by defendants subsequent to the City Marshal's execution of the warrant of eviction on November 22, 1994. This limitation was properly premised upon paragraph 9 (B) of the apartment lease...

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