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ROSS REALTY v. V & A FABRICATORS, INC.

42 A.D.3d 246 (2007)

836 N.Y.S.2d 242

ROSS REALTY, Appellant, v. V & A FABRICATORS, INC., Respondent.

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

May 15, 2007.

Attorney(s) appearing for the Case

Somer & Heller, LLP, Commack (Michael C. Marcus of counsel), for appellant.

Rabinowitz & Galina, Mineola (Gayle A. Rosen of counsel), for respondent.

MILLER, J.P., MASTRO and FISHER, JJ., concur.

OPINION OF THE COURT

LUNN, J.

This appeal presents an issue of first impression for the Court. The question to be determined involves the interplay of summary eviction proceedings in a local district court, a rent acceleration clause in a commercial lease, subject matter jurisdiction in the local district court, and res judicata principles. The facts are largely undisputed. On or about April 1, 2003, the plaintiff landlord and defendant tenant entered into...

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