Strand Hill Assocs. v. Gassenbauer

Full title: Strand Hill Associates, Appellant, v. Thomas Gassenbauer, Respondent.

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Mar 21, 2014

2014 N.Y. Slip Op. 68634 (N.Y. App. Term 2014)

Opinion

Motion No: 2012-00470 KC

03-21-2014

Strand Hill Associates, Appellant, v. Thomas Gassenbauer, Respondent.

MARTIN M. SOLOMON, J.P.

MICHAEL L. PESCE

THOMAS P. ALIOTTA, JJ.

DECISION & ORDER ON MOTION

Motion by appellant for leave to appeal to the Appellate Division from a decision and order of this court dated September 26, 2013, which determined an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 20, 2012.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

It is noted that this court's decision and order held only that a nonpayment proceeding could not be maintained for the monies allegedly due for the period prior to the execution of a lease, and did not preclude appellant from pursuing such other remedies as may be available to recover those monies.

ENTER:

Paul Kenny

Chief Clerk