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DYE v. RBNB 20 OWNER LLC

Index No. 155646/22, Appeal No. 1848, Case No. 2023-02260.

2024 NY Slip Op 01341

COLLEEN DYE, ET AL., Plaintiffs-Respondents, v. RBNB 20 OWNER LLC, Defendant-Appellant, ROSE PROPERTY MANAGEMENT GROUP, LLC, Defendant.

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

Decided March 14, 2024.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for appellant.

Before: Webber, J.P., Oing, González, Kennedy, Shulman, JJ.

Order, Supreme Court, New York County (Paul A. Goetz, J), entered April 26, 2023, which denied defendants' motion for past and pendente lite use and occupancy, unanimously affirmed, with costs.

"A court has broad discretion in awarding use and occupancy" during the course of litigation (43rd St. Deli, Inc. v Paramount Leasehold, L.P., 107 A.D.3d 501, 501 [1st Dept 2013]; see also Alphonse Hotel Corp. v 76 Corp.,<...

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