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44-46 WEST 65TH APARTMENT CORP. v. STVAN

3 A.D.3d 440 (2004)

772 N.Y.S.2d 4

44-46 WEST 65TH APARTMENT CORP., Appellant, v. THOMAS STVAN et al., Respondents. (And a Third-Party Action.)

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

January 27, 2004.

Plaintiff landlord commenced a breach of contract and fraud action against its tenants in Supreme Court. About two years later, plaintiff commenced a summary holdover proceeding in Civil Court. The parties moved and cross-moved for summary judgment on the claims and counterclaims in the Supreme Court action. The resulting order is not at issue on appeal. Defendants also moved in the Supreme Court for an injunction staying the summary holdover proceeding and to strike the...

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