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WALBER 82 ST. ASSOC., LP v. FISHER

Index No. 155841/22. Appeal No. 385-386-387-388. Case Nos. 2023-00240, 2023-00241, 2023-00245, 2023-00353.

217 A.D.3d 469 (2023)

190 N.Y.S.3d 59

2023 NY Slip Op 02993

Walber 82 Street Associates, LP, Respondent, v. Andrew Fisher, Appellant.

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

Decided June 6, 2023.

Attorney(s) appearing for the Case

Peska & Associates, P.C., White Plains ( Adam M. Peska of counsel), for appellant.

Law Office of Allison M. Furman, P.C., New York ( Allison M. Furman of counsel), for respondent.

Concur—Renwick, A.P.J, Kern, Singh, Scarpulla, Higgitt, JJ.

Judgment, Supreme Court, New York County (Arlene P. Bluth, J), entered October 25, 2022, in favor of plaintiff, awarding it rent with use and occupancy, unanimously reversed, on the law, without costs, the judgment vacated, and the matter remanded for further proceedings in accordance with this decision. Appeal from order, entered October 12, 2022, same court and Justice, which, insofar as appealed from as limited by the briefs, granted plaintiff's motion for summary judgment...

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