752 PACIFIC, LLC v. PACIFIC CARLTON DEVELOPMENT CORP.


62 A.D.3d 685 (2009)

878 N.Y.S.2d 763

752 PACIFIC, LLC, et al., Respondents-Appellants, v. PACIFIC CARLTON DEVELOPMENT CORP. et al., Appellants-Respondents.

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

Decided May 5, 2009.


Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is modified, on the law and in the exercise of discretion, by deleting the provision thereof, in effect, dismissing and severing so much of the third and fourth counterclaims as were, in effect, pursuant to RPAPL 221 to recover possession of the subject premises, and substituting therefor a provision awarding judgment on those...

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