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ROSS REALTY v. V & A IRON

5 Misc.3d 72 (2004)

787 N.Y.S.2d 602

ROSS REALTY, Appellant, v. V & A IRON FABRICATORS, INC., Respondent.

Supreme Court, Appellate Term, Second Department.

October 21, 2004.

Attorney(s) appearing for the Case

Michael C. Marcus, New York City, and Somer & Heller, LLP, Commack, for appellant.

Rabinowitz & Galina, Mineola (Michael M. Rabinowitz and Michael P. Giampilis of counsel), for respondent.

McCABE, P.J., COVELLO and TANENBAUM, JJ.

OPINION OF THE COURT

Memorandum.

Final judgment unanimously affirmed without costs.

In this commercial nonpayment proceeding seeking to recover, inter alia, June 2003 rent, landlord moved, at the commencement of the trial, to amend its petition to include not only June 2003 rent of $6,578.91 but also accelerated rent of $420,820, allegedly due under the lease at landlord's option, upon a default in rent...

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