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GREEN 440 9TH v. DUANE READE

10 Misc.3d 75 (2005)

809 N.Y.S.2d 756

GREEN 440 NINTH LLC, Appellant-Respondent, v. DUANE READE, Respondent-Appellant.

Supreme Court, Appellate Term, First Department.

December 1, 2005.

Attorney(s) appearing for the Case

Stempel Bennett Claman & Hochberg, P.C., New York City (Richard L. Claman of counsel), for appellant-respondent.

Pryor Cashman Sherman & Flynn, New York City (Joseph Z. Epstein of counsel), for respondent-appellant.

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

OPINION OF THE COURT

Per Curiam.

Order, entered May 4, 2004, reversed, with $10 costs, the stay of proceedings is vacated, and landlord is granted summary judgment awarding it possession and a recovery of rent arrears in the amount prayed in the nonpayment petition.

Pursuant to a commercial lease (main lease), tenant occupies three floors of landlord's premises. Tenant also occupies other space in...

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