WEST FLATT ASSOC. v. MAGGIULLI

1157 CA 09-00623.

66 A.D.3d 1450 (2009)

886 N.Y.S.2d 300

2009 NY Slip Op 7023

WEST FLATT ASSOCIATES, Appellant, v. CHRISTOPHER A. MAGGIULLI et al., Respondents.

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

Decided October 2, 2009.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff landlord commenced this action seeking damages for the alleged breach of a commercial lease by defendant tenants. Supreme Court properly granted defendants' motion seeking dismissal of the complaint pursuant to CPLR 3211 as well as partial summary judgment pursuant to 3212 (g) to the extent that the complaint seeks recovery of "rent, common area maintenance...

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