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RM RESTAURANT, INC. v. MARSAN REALTY CORP.

1 A.D.3d 423 (2003)

767 N.Y.S.2d 776

RM RESTAURANT, INC., Appellant, v. MARSAN REALTY CORP. et al., Respondents, et al., Defendants.

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

November 10, 2003.

Ordered that the order and judgment is affirmed, with costs.

The issuance of a warrant of eviction terminates a landlordtenant relationship (see RPAPL 749 [3]; Iltit Assoc. v Sterner, 63 A.D.2d 600 [1978]). The defendant landlord, Marsan Realty Corp, (hereinafter Marsan), obtained a warrant of eviction on April 25, 2002, and obtained actual possession of the premises on or about May 1, 2002. Accordingly, the Supreme...

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