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SOLOW BLDG. v. BANC OF AM.

13 Misc.3d 55 (2006)

823 N.Y.S.2d 815

SOLOW BUILDING COMPANY II, L.L.C., Respondent, v. BANC OF AMERICA SECURITIES, LLC, Appellant, et al., Respondents.

Supreme Court, Appellate Term, First Department.

September 13, 2006.

Attorney(s) appearing for the Case

Davis Polk & Wardwell, New York City (Robert F. Wise, Jr., Catherine E. Lifeso and Shannon Simpson of counsel), for appellant.

Borah, Goldstein, Altschuler, Schwartz & Nahins, P.C., New York City (Jeffrey R. Metz and Myron I. Altschuler of counsel), and Jack Newton Lerner, New York City, for Solow Building Company II, L.L.C., respondent.

McCOOE, J.P., and GANGEL-JACOB, J., concur.

OPINION OF THE COURT

Per Curiam.

Order entered April 20, 2005, reversed, with $10 costs, and tenant's motion to dismiss the petition is granted. The clerk is directed to enter judgment accordingly.

The holdover petition seeks possession of the subject West 57th Street office premises pursuant to RPAPL 715 (1), upon allegations that tenant Banc of America Securities, LLC used the premises unlawfully...

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