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2505 VICTORY BOULEVARD, LLC v. VICTORY HOLDING, LLC

18 Misc.3d 279 (2007)

848 N.Y.S.2d 514

2505 VICTORY BOULEVARD, LLC, Petitioner, v. VICTORY HOLDING, LLC, et al., Respondents.

Civil Court of the City of New York, Richmond County.

November 13, 2007.

Attorney(s) appearing for the Case

Silversmith & Veraja, LLP, New York City (John Wesley Veraja of counsel), for respondents.

Jacobi, Sieghardt, Bousanti, Piazza & Fitzpatrick, P.C., Staten Island (Mark S. Piazza of counsel), for petitioner.

OPINION OF THE COURT

PHILIP S. STRANIERE, J.

Petitioner, 2505 Victory Boulevard, LLC, commenced this commercial nonpayment proceeding against the respondents, Victory Holding, LLC (VHLLC) and "John Doe XYZ Corp." as an undertenant, alleging that the respondent VHLLC failed to pay certain items of additional rent due and owing under the terms of the lease. Both respondents defaulted in appearing and answering and a judgment of possession only was entered...

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