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MONITOR HOLDING CORP. v. I.B. DISTRIB. CORP.

2018-00387. Index No. 102/16.

189 A.D.3d 1577 (2020)

139 N.Y.S.3d 337

2020 NY Slip Op 08057

Monitor Holding Corp., Appellant, v. I.B. Distributing Corp., et al., Respondents.

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

Decided December 30, 2020.

Attorney(s) appearing for the Case

Goldman, Horowitz & Cherno, LLP, Jericho, NY ( Steven D. Greif of counsel), for appellant.

Paskoff & Tamber, LLP, New York, NY ( Adam Paskoff of counsel), for respondents.

Mastro, J.P., Chambers, Brathwaite Nelson and Christopher, JJ., concur.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff leased certain premises located in Elmhurst to the defendant I. B. Distributing Corp. (hereinafter I.B.) for a period of 10 years, from January 1, 2001, to December 31, 2010. In or around December of 2009, I.B. defaulted on its obligations under the lease, and on or about January 19, 2010, the plaintiff obtained a default judgment of eviction against I.B. (hereinafter the 2010 judgment...

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