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210 W. 70 OWNER LLC v. COSMIC GROUP, LLC

570663/10.

36 Misc.3d 72 (2012)

950 N.Y.S.2d 621

2012 NY Slip Op 22128

210 WEST 70 OWNER LLC, Appellant-Respondent, v. COSMIC GROUP, LLC, Respondent-Appellant.

Supreme Court, Appellate Term, First Department.

Decided May 15, 2012.

Attorney(s) appearing for the Case

Menachem J. Kastner , New York City, for appellant-respondent.

Adrian Zuckerman , New York City, for respondent-appellant.

TORRES, J.P., SHULMAN and HUNTER, JR., JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order, entered January 28, 2011, modified by granting landlord's motion for partial summary judgment as to liability on its claim for rent and additional rent and remanding the matter for a trial on damages; as modified, order affirmed, without costs.

Petitioner landlord demonstrated entitlement to partial summary judgment on the issue of tenant's liability for the rent and additional rent sought in this commercial...

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