VETS S., INC. v. LEVINE

2008-1139 SC.

2009 NY Slip Op 29466

VETS SOUTH, INC., Respondent, v. MITCHELL LEVINE, Appellant, AND TRI STAR SALES AND MARKETING, INC., Defendant.

Supreme Court, Appellate Term, Second Department.

Decided November 17, 2009.


In 2004, plaintiff brought a nonpayment summary proceeding against Mitchell Levine d/b/a Tri Star Sales to recover possession of certain premises and rent owed, pursuant to a commercial lease. In that proceeding, plaintiff obtained an award of possession upon Levine's failure to appear. Thereafter, plaintiff commenced this plenary action against Mitchell Levine individually and against the corporate defendant, Tri Star Sales and Marketing, Inc., for the rent due under the...

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