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SOL DE IBIZA v. PANJO REALTY

87451/09

26 Misc.3d 331 (2009)

890 N.Y.S.2d 806

2009 NY Slip Op 29450

SOL DE IBIZA, LLC, Petitioner, v. PANJO REALTY, INC., Respondent.

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

Decided October 14, 2009.

Attorney(s) appearing for the Case

Law Offices of Michael J. Berman & Associates, P.C., New York City (Michael Berman of counsel), for petitioner.

Welby, Brady & Greenblatt, LLP, White Plains (Alan D. Singer of counsel), for respondent.

OPINION OF THE COURT

ARTHUR F. ENGORON, J.

The relief requested in the petition is granted to the extent of (1) ordering respondent to restore petitioner to the subject premises immediately, and (2) allowing petitioner to file a notice of inquest into the amount of damages resulting from the reentry, if any, to which it is entitled pursuant to RPAPL 853.

Background

In the instant proceeding, petitioner leased from respondent...

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