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313 West 57 Rest. v. 313 W. 57th Associates

Appellate Division of the Supreme Court of New York, First Department
Oct 22, 1992
186 A.D.2d 466 (N.Y. App. Div. 1992)

Opinion

October 22, 1992

Appeal from the Supreme Court, New York County (Myriam J. Altman, J.).


Plaintiffs failed to pay use and occupancy (RPAPL 749), and accordingly, defendant is entitled to an order of possession (see, Calvert v Le Tam Realty Corp., 118 A.D.2d 426). Counterclaim defendant is not physically in possession but claims such right pursuant to a Surrender Agreement from plaintiff and the court properly ordered counterclaim defendant to post an undertaking.

Concur — Carro, J.P., Milonas, Ellerin and Asch, JJ.


Summaries of

313 West 57 Rest. v. 313 W. 57th Associates

Appellate Division of the Supreme Court of New York, First Department
Oct 22, 1992
186 A.D.2d 466 (N.Y. App. Div. 1992)
Case details for

313 West 57 Rest. v. 313 W. 57th Associates

Case Details

Full title:313 WEST 57 REST. CORP. et al., Respondents, v. 313 WEST 57TH ASSOCIATES…

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

Date published: Oct 22, 1992

Citations

186 A.D.2d 466 (N.Y. App. Div. 1992)
589 N.Y.S.2d 29

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