Ryan Management Corporation v. Cataffo

Full title: RYAN MANAGEMENT CORPORATION, respondent, v. ARTHUR CATAFFO, appellant

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

Date published: Jun 28, 1999

262 A.D.2d 628 (N.Y. App. Div. 1999)

692 N.Y.S.2d 671

Opinion

Submitted May 18, 1999

June 28, 1999

In an action, inter alia, to recover damages for breach of a lease for commercial property, the defendant appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), dated February 11, 1998, which granted the plaintiff's motion for summary judgment for damages in the sum of $907,082.44 representing rent, real estate taxes, penalties, interest, late charges, and reasonable attorney fees.

Guercio Guercio, Farmingdale, N.Y. (Gregory J. Guercio of counsel), for appellant.

Bondi Iovino, Mineola, N.Y. (Anthony F. Iovino and Debra Welsh of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, JJ.

DECISION ORDER

ORDERED that the appeal is dismissed, with costs to the respondent, as that order was superseded by an order dated August 21, 1998, made upon reargument ( see, Ryan Mgt. Corp. v. Cataffo, 262 A.D.2d 628 [decided herewith]).