SOL DE IBIZA v. PANJO REALTY

570805/09.

29 Misc.3d 72 (2010)

911 N.Y.S.2d 567

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

Supreme Court, Appellate Term, First Department.

Decided September 22, 2010.


Attorney(s) appearing for the Case

Welby, Brady & Greenblatt, LLP, White Plains, for appellant.

Michael J. Berman & Associates, P.C., New York City, for respondent.

PRESENT: McKEON, P.J., SHULMAN and HUNTER, JR., JJ., concur.


OPINION OF THE COURT

Per Curiam.

Order, entered November 2, 2009, reversed, without costs, the findings and determinations therein vacated, and the matter remanded to Civil Court for further proceedings consistent herewith.

The issues presented by this appeal are whether a landlord can utilize self-help to recover possession of demised commercial premises from a tenant, and, if so, whether the landlord herein, under the particular facts and circumstances...

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