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B.N. REALTY ASSOC. v. LICHTENSTEIN

7762, 6614/94, 2045.

96 A.D.3d 434 (2012)

949 N.Y.S.2d 1

2012 NY Slip Op 4380

B.N. REALTY ASSOCIATES, Appellant-Respondent, v. BEN LICHTENSTEIN, Respondent-Appellant, et al., Defendant.

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

June 7, 2012.

The IAS court properly denied plaintiff's motion in limine. On a prior appeal (21 A.D.3d 793 [2005]), this Court affirmed the denial without prejudice of that branch of plaintiff's motion for summary judgment awarding plaintiff back rent in the amount of $42,544.32. Accordingly, contrary to plaintiff's contention, this Court's decision did not mandate the preclusion at trial of evidence that contradicts plaintiff's claim to back rent.<...

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