425 THIRD AVENUE REALTY CO. v. GREENFIELD

3653, 3654, 3655, 400841/08.

78 A.D.3d 542 (2010)

912 N.Y.S.2d 39

425 THIRD AVENUE REALTY CO., Respondent, v. SCOTT GREENFIELD et al., Appellants.

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

Decided November 18, 2010.


The trial court properly concluded that defendants owed plaintiff use and occupancy for the period from April 2006 through October 2007. Even though the evidence adduced on the motions and at trial established that plaintiff's former managing agent had negligently failed to furnish defendants with a rent-stabilized lease, failed to bill defendants for rent over the first 18 months, and represented to the Division of Housing and Community Renewal (DHCR) that the apartment...

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