757 3RD AVE. ASSOC., LLC v. PATEL

11766, 654032/12.

117 A.D.3d 451 (2014)

985 N.Y.S.2d 57

2014 NY Slip Op 3213

757 3RD AVENUE ASSOCIATES, LLC, Appellant, v. RAMESH M. PATEL, Respondent.

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

Decided May 6, 2014.


Order, Supreme Court, New York County (Joan A. Madden, J.), entered August 21, 2013, which denied the motion of plaintiff landlord for summary judgment on its first and second causes of action, granted the cross motion of defendant tenant for summary judgment dismissing the complaint, severed and continued tenant's counterclaim, and directed the parties to appear at a preliminary conference, unanimously affirmed, without costs.

Pursuant to a lease, tenant operates...

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