FISK BUILDING ASSOCIATES LLC v. SHIMAZAKI II, INC.

2594, 108647/08

76 A.D.3d 468 (2010)

907 N.Y.S.2d 2

FISK BUILDING ASSOCIATES LLC, Respondent, v. SHIMAZAKI II, INC., et al., Appellants.

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

Decided August 24, 2010.


Under the first affirmative defense, it was averred that plaintiff's eviction of defendant Shimazaki II was illegal. Contrary to defendants' assertion, plaintiff did not improperly execute on a stale warrant or obtain a warrant for rent that accrued after the commencement of the prior nonpayment summary proceeding. Rather, as was its right pursuant to article 2 (H) of the lease, plaintiff applied Shimazaki II's September and October...

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