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BUILDING SERV. LOCAL 32B-J PENSION FUND v. 101 LTD. PARTNERSHIP

8960, 652266/10, 8960A.

2013 NY Slip Op 00043

BUILDING SERVICE LOCAL 32B-J PENSION FUND, ET AL, Plaintiffs-Respondents, v. 101 LIMITED PARTNERSHIP, Defendant-Appellant.

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

Decided January 8, 2013.

Attorney(s) appearing for the Case

Stempel Bennett Claman & Hochberg, P.C., New York ( Richard L. Claman of counsel), for appellant.

Proskauer Rose LLP, New York ( Herman ("Hank") Goldsmith of counsel), for respondents.

Before: Tom, J.P., Andrias, Freedman, Román, Gische, JJ.

The court properly granted plaintiffs' motion for partial summary judgment and issued a resettled order and judgment awarding plaintiff a specified amount, including prejudgment interest (see Trans World Maintenance Servs. v Luna Park Hous. Corp., 157 A.D.2d 586 [1st Dept 1990]). Giving proper effect to terms of the parties' lease precludes defendant from withholding the revenue sharing proceeds admittedly owed to plaintiffs...

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