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SYNOD OF BISHOPS OF THE RUSSIAN ORTHODOX CHURCH OUTSIDE OF RUSSIA v. PRESCHOOL OF AM. (USA) INC.

Index No. 652423/21. Appeal No. 17480. Case No. 2022-04048.

214 A.D.3d 466 (2023)

184 N.Y.S.3d 757

2023 NY Slip Op 01246

Synod of Bishops of the Russian Orthodox Church Outside of Russia, Respondent, v. Preschool of America (USA) Inc., Doing Business as Metrokids Preschool, Appellant.

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

Decided March 9, 2023.

Attorney(s) appearing for the Case

The DeMarco Law Firm, PLLC, Forrest Hills ( Enrico DeMarco , of counsel) for appellant.

Landy Wolf, PLLC, New York ( David A. Wolf , of counsel) respondent.

Concur—Webber, J.P., Kern, Oing, Friedman, González, JJ.

Order, Supreme Court, New York County (Laurence Love, J.), entered July 14, 2022, which granted plaintiff's motion for use and occupancy pendente lite in accordance with Real Property Law § 220, in the amount of $93,276.36 per month retroactive to July 2, 2021, unanimously affirmed, without costs.

Initially, the appeal is not moot. It does not appear that defendant has confirmed that it has vacated the premises, and in any event, neither party disputes that defendant...

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