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35 LISPENARD PARTNERS, INC. v. 35 SMOKE & GRILL, LLC

3001, 600481/06.

74 A.D.3d 496 (2010)

901 N.Y.S.2d 841

35 LISPENARD PARTNERS, INC., Appellant, v. 35 SMOKE & GRILL, LLC, et al., Respondents.

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

Decided June 8, 2010.

Defendants have no right to occupy the subject premises rent-free (see Levinson v 390 W. End Assoc., L.L.C., 22 A.D.3d 397, 403 [2005]), and thus, pursuant to the motion court's prior order, defendants are directed to pay past use and occupancy covering the period of April 2004 to May 2007 at the rate of $3,000 per month ($114,000), which was the amount reserved for rent in the lease...

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