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ANDEJO CORP. v. SOUTH STREET SEAPORT LIMITED PARTNERSHIP

35 A.D.3d 174 (2006)

825 N.Y.S.2d 50

ANDEJO CORP., Doing Business as SEAPORT WATCH COMPANY, et al., Appellants, v. SOUTH STREET SEAPORT LIMITED PARTNERSHIP, Respondent, et al., Defendants.

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

Decided December 5, 2006.

The award of interim use and occupancy, without a hearing, in the amount of the base rents contained in existing leases was a proper exercise of discretion (see Kuo Po Trading Co. v Tsung Tsin Assn., 273 A.D.2d 111 [2000]). The award excluded certain measurable components of the full monthly rent that they are disputing, such as charges for utilities and common area expenses, and gave little or no weight to the fact that many of...

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