BOMBORA HOUSE v. DUFOUR


9 Misc.3d 104 (2005)

805 N.Y.S.2d 218

BOMBORA HOUSE, INC., Respondent, v. DUFOUR PASTRY KITCHENS, INC., Appellant.

Supreme Court, Appellate Term, First Department.

September 22, 2005.


Attorney(s) appearing for the Case

Kucker & Bruh, LLP, New York City (Nativ Winiarsky of counsel), for appellant.

Sperber Denenberg & Kahan, P.C., New York City (Jacqueline Handel-Harbour and Steven B. Sperber of counsel), for respondent.

SUAREZ, P.J., DAVIS and SCHOENFELD, JJ., concur.


OPINION OF THE COURT

Per Curiam.

Order dated July 23, 2004 affirmed, with $10 costs.

In its May 20, 2004 order, Civil Court granted summary judgment to the respondent subtenant dismissing petitioner's commercial holdover proceeding. The court found that an enforceable five-year sublease renewal existed between the parties, but did not address the issue of the amount of rent intended during the renewal...

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