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862 SECOND AVENUE LLC v. 2 DAG HAMMARSKJOLD PLAZA CONDOMINIUM

11747N. 655408/16.

185 A.D.3d 421 (2020)

124 N.Y.S.3d 783

2020 NY Slip Op 03733

862 Second Avenue LLC, Respondent, v. 2 Dag Hammarskjold Plaza Condominium, Appellant, et al., Defendant.

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

Decided July 2, 2020.

The court providently exercised its discretion in awarding plaintiff past and pendente lite use and occupancy, as provided for in Real Property Law § 220, since Dag remains in possession of the demised premises by its subtenant, defendant Ali Baba's Terrace Inc. (Ali Baba) (see Chock Full O'Nuts Corp. v NRP LLC I, 11 A.D.3d 385 [1st Dept 2004]; Getty Props. Corp. v Getty Petroleum Mktg. Inc., 106 A.D...

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