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V & J INC. v. 2320 RTE 112, LLC

13 Misc.3d 30 (2006)

822 N.Y.S.2d 367

V & J INC., Respondent, v. 2320 ROUTE 112, LLC, Appellant.

Supreme Court, Appellate Term, Second Department.

July 19, 2006.

Attorney(s) appearing for the Case

Fredrick P. Stern & Associates, P.C., Central Islip, for appellant.

Rinaldo A. Pace, Hauppauge, for respondent.

RUDOLPH, P.J., ANGIOLILLO and LIPPMAN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Final judgment modified by reducing the monetary award in favor of landlord to the sum of $18,047; as so modified, affirmed without costs.

In this commercial nonpayment proceeding, tenant asserted, as affirmative defenses, that landlord breached the lease, that tenant was constructively evicted from the premises, and that, under the terms of the lease, tenant was relieved...

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