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JDM WASHINGTON STREET, LLC v. 90 WASHINGTON REST. ASSOCIATES, LLC

084318/10.

36 Misc.3d 769 (2012)

950 N.Y.S.2d 647

2012 NY Slip Op 22158

JDM WASHINGTON STREET, LLC, Petitioner, v. 90 WASHINGTON REST. ASSOCIATES, LLC, Respondent.

Civil Court of the City of New York, New York County.

Decided June 11, 2012.

Attorney(s) appearing for the Case

Barry Schwartz , New York City, and E. Timothy McAuliffe, Jr. , New York City, for petitioner.

Bruce H. Wiener , New York City, Richard L. Cohn , New York City, and Adam Lindenbaum , New York City, for respondent.

OPINION OF THE COURT

PETER H. MOULTON, J.

After presenting its prima facie case in this commercial nonpayment proceeding petitioner moved to conform its pleading to the proof adduced at trial and then rested. The primary purpose of the motion to conform was to seek rent that has accrued since service of the predicate notice.

Respondent opposed the motion to conform and moved to dismiss the petition. The parties submitted letter briefs on these issues...

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