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

Appellate Division of the Supreme Court of New York

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

186 A.D.2d 466

Appellate Division of the Supreme Court of the State of New York·Decided October 22, 1992·Published·Cited by 3 cases

Opinion

— Order, Supreme Court, New York County (Myriam J. Altman, J.), entered September 10, 1991, which granted defendant’s motion for summary judgment only to the extent of granting a money judgment against plaintiffs in the sum of $24,000 and directing counterclaim defendant to post an undertaking in the sum of $54,000, unanimously modified, on the law, to grant defendant judgment of possession against plaintiffs, and the order is otherwise affirmed, without costs.

Plaintiffs failed to pay use and occupancy (RPAPL 749 [3]), and accordingly, defendant is entitled to an order of possession (see, Calvert v Le Tam Realty Corp., 118 AD2d 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,

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— Order, Supreme Court, New York County (Myriam J. Altman, J.), entered September 10, 1991, which granted defendant’s motion for summary judgment only to the extent of granting a money judgment against plaintiffs in the sum of $24,000 and directing counterclaim defendant to post an undertaking in the sum of $54,000, unanimously modified, on the law, to grant defendant judgment of possession against plaintiffs, and the order is otherwise affirmed, without costs.

Plaintiffs failed to pay use and occupancy (RPAPL 749 [3]), and accordingly, defendant is entitled to an order of possession (see, Calvert v Le Tam Realty Corp., 118 AD2d 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,

313 West 57 Rest. Corp. v. 313 West 57th Associates, 186 A.D.2d 466 (N.Y. Ct. App. 1992).

Pincite

186 A.D.2d 466 (313 West 57 Rest. Corp. v. 313 West 57th Associates) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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