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TOWNE PARTNERS, LLC v. RJZM, LLC

No. 111475/10.

79 A.D.3d 489 (2010)

912 N.Y.S.2d 210

TOWNE PARTNERS, LLC, Respondent, v. RJZM, LLC, Doing Business as ALL-MED & REHAB OF NEW YORK, Appellant.

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

Decided December 9, 2010.

The parties' lease and subsequent settlement agreement require defendant to make "use and occupancy" payments of 150% of the applicable monthly rental amount "for each month and each portion of any month during which [defendant] holds over in the premises." As defendant held over for a "portion" of the month of November 2008, it is liable for use and occupancy for only that portion of the month where it was in possession of the...

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