MEDICAL BLDG. ASSOC., INC. v. ABNER PROPS. CO.

10997N.

180 A.D.3d 481 (2020)

119 N.Y.S.3d 92

2020 NY Slip Op 00992

Medical Building Associates, Inc., Appellant, v. Abner Properties Company, Respondent.

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

Decided February 11, 2020.


The court's 2016 order finding that triable issues of fact precluded all the relief requested, including the vacatur of the Yellowstone injunction and the entry of a money judgment for unpaid use and occupancy and additional rent, necessarily encompassed a finding that the record evidence, including the evidence concerning tenant's alleged failure to pay outstanding use and occupancy and additional rent, did not support the vacatur of the injunction and entry of a...

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