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SIMENS v. DARWISH

9942N, 105097/09.

105 A.D.3d 686 (2013)

964 N.Y.S.2d 140

2013 NY Slip Op 3047

INEZ SIMENS, Individually and as a Membership Unit Owner of US PROPERTIES, LLC, et al., Plaintiffs, v. CHARLES DARWISH, Individually and as a Managing Membership Unit Owner of HAMILTON 65th PARTNERS, LLC, et al., Defendants. NEAL FELLENBAUM, as Temporary Receiver of the Premises Known as 135 EAST 65TH STREET, NEW YORK, NEW YORK, and 872 LEXINGTON AVENUE, NEW YORK, NEW YORK, Respondent, v. SMALLBONE, INC., Appellant.

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

Decided April 30, 2013.

Order, Supreme Court, New York County (Lawrence K. Marks, J.), entered August 6, 2012, which granted the motion of petitioner Neal Fellenbaum, as Temporary Receiver, to remove the holdover proceeding pending against respondent Smallbone in Civil Court (L&T 57366-12) to Supreme Court, and consolidated that proceeding with an action pending in Supreme Court under index No. 105097-09, unanimously reversed, on the law and the facts, without costs, and the motion denied.<...

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