ROSENBERG v. CANGELLO

105650/10.

102 A.D.3d 458 (2013)

958 N.Y.S.2d 119

2013 NY Slip Op 118

VICTOR I. ROSENBERG, M.D., Respondent, v. DAVID CANGELLO, M.D., Appellant.

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

Decided January 10, 2013.


In this action for rent due under the parties' written lease for office space situated in plaintiff's medical office and described as "Office E," it is undisputed that plaintiff made a prima facie showing of entitlement to judgment as a matter of law on the basis of his affidavit and the lease. In opposition, defendant failed to raise a triable issue of fact. In his answering affidavit, defendant asserts that he could not practice medicine in what he described as "filth and...

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