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KINGSLEY v. 300 W. 106TH ST. CORP.

162016/15, 2402, 6778B, 6778A, 6778.

162 A.D.3d 420 (2018)

78 N.Y.S.3d 84

2018 NY Slip Op 03944

Lawrence Kingsley, Appellant, v. 300 W. 106th St. Corp., Respondent. (And a Third-Party Action.)

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

Decided June 5, 2018.

The court providently exercised its broad discretion in requiring plaintiff, who occupies the apartment and claims to have succession rights, to pay use and occupancy equal to the monthly rent under the lease for the subject rent stabilized apartment during the pendency of this action (see 43rd St. Deli, Inc. v Paramount Leasehold, L.P., 107 A.D.3d 501 [1st Dept 2013]). Indeed, plaintiff...

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