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THE CARLYLE, LLC v. BEEKMAN GARAGE LLC

652780/13, 5446, 5445N.

157 A.D.3d 509 (2018)

67 N.Y.S.3d 622

2018 NY Slip Op 00242

THE CARLYLE, LLC, Appellant, v. BEEKMAN GARAGE LLC et al., Defendants, and QUIK PARK 1633 GARAGE LLC, Respondent. RAFAEL LLOPIZ et al., Nonparty Respondents.

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

Decided January 11, 2018.

Summary judgment on the cause of action for use and occupancy is precluded by issues of fact as to the nature of the use and occupancy, assuming that QP 1633 occupied the parking garage premises at issue, and whether the repairs undertaken by plaintiff constituted a partial actual eviction of QP 1633 from the premises (see 81 Franklin Co. v Ginaccini, 160 A.D.2d 558, 559 [1st Dept 1990]; Union City Union Suit Co. v

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