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STERLING INVESTOR SERVICES, INC. v. 1155 NOBO ASSOCIATES, LLC

65 A.D.3d 1128 (2009)

886 N.Y.S.2d 52

STERLING INVESTOR SERVICES, INC., Respondent, v. 1155 NOBO ASSOCIATES, LLC, Appellant.

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

Decided September 15, 2009.

Ordered that the judgment is affirmed, with costs.

The salient facts concerning the plaintiff's claim that it was actually partially evicted from portions of the subject leased premises are set forth in a prior appeal (see Sterling Inv. Servs., Inc. v 1155 Nobo Assoc., LLC, 30 A.D.3d 579, 580 [2006]). In the prior appeal, we determined that summary judgment was improperly awarded to the defendant where the unambiguous and...

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