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IN THE MATTER OF CIT GROUP/COMMERCIAL SERVICES, INC. v. 160-09 JAMAICA AVENUE LIMITED PARTNERSHIP

25 A.D.3d 301 (2006)

808 N.Y.S.2d 187

In the Matter of CIT GROUP/COMMERCIAL SERVICES, INC., Respondent, v. 160-09 JAMAICA AVENUE LIMITED PARTNERSHIP, Appellant, et al., Respondent.

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

January 3, 2006.

Petitioner CIT Group/Commercial Services, Inc. (CIT) obtained a $66,798.02 default judgment against judgment debtor Central Men's Shop, Inc. (CMS). However, before the judgment was entered, CMS paid $9,000 to respondent-appellant 160-09 Jamaica Avenue Limited Partnership (the Partnership), its landlord, for an alleged three months of back rent pursuant to a "handshake lease." CMS's officers were David Kober and his brother-in-law Seth Orenstein; the Partnership's shareholders...

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