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43RD ST. DELI, INC. v. PARAMOUNT LEASEHOLD, L.P.

10362, 110073/06.

107 A.D.3d 501 (2013)

967 N.Y.S.2d 61

2013 NY Slip Op 4432

43RD STREET DELI, INC., Appellant, v. PARAMOUNT LEASEHOLD, L.P., Respondent.

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

Decided June 13, 2013.

A court has broad discretion in awarding use and occupancy pendente lite (see Alphonse Hotel Corp. v 76 Corp., 273 A.D.2d 124 [1st Dept 2000]). Although the court may look to the amount of rent paid under a prior lease between the parties in setting use and occupancy (see Kuo Po Trading Co. v Tsung Tsin Assn., 273 A.D.2d 111 [1st Dept 2000]), prior rent is only probative, not dispositive...

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