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1152 FIRST AVE. v. MNY ASSOC.

4 Misc.3d 925 (2003)

782 N.Y.S.2d 512

1152 FIRST AVENUE, LLC, Petitioner, v. MNY HOLDINGS ASSOCIATES, LLC, Respondent.

Civil Court of the City of New York, New York County.

December 26, 2003.

Attorney(s) appearing for the Case

Richard L. Cohn, New York City, for respondent.

Rose & Rose, New York City (Kenneth E. Rosen of counsel), for petitioner.

OPINION OF THE COURT

PAUL G. FEINMAN, J.

In this commercial landlord-tenant nonpayment proceeding, respondent moves for summary judgment and dismissal of the petition based on allegedly improper claims for real estate tax payments for the years 2002-2003 and 2003-2004. Respondent also seeks attorney's fees. For the reasons set forth below, the motion is granted.

Factual Background

The building...

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