Rahmani Construction Corp. v. Westchester Business Institute

Appellate Division of the Supreme Court of New York

Rahmani Construction Corp. v. Westchester Business Institute

146 A.D.2d 686, 538 N.Y.S.2d 463, 1989 N.Y. App. Div. LEXIS 620

Appellate Division of the Supreme Court of the State of New York·Decided January 23, 1989·Published

Opinion

— In an action based upon breach of a lease, the plaintiff appeals from an order of the Supreme Court, Westchester County (Delaney, J.), entered August 6, 1987, which denied its motion for summary judgment and granted the defendant’s cross motion for summary judgment on the issue of its right to a rent setoff.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, we find that the defendant is entitled to a setoff. Lawrence, J. P., Eiber, Harwood and Balletta, JJ., concur.

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— In an action based upon breach of a lease, the plaintiff appeals from an order of the Supreme Court, Westchester County (Delaney, J.), entered August 6, 1987, which denied its motion for summary judgment and granted the defendant’s cross motion for summary judgment on the issue of its right to a rent setoff.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, we find that the defendant is entitled to a setoff. Lawrence, J. P., Eiber, Harwood and Balletta, JJ., concur.

Rahmani Construction Corp. v. Westchester Business Institute, 146 A.D.2d 686, 538 N.Y.S.2d 463, 1989 N.Y. App. Div. LEXIS 620 (N.Y. Ct. App. 1989).

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146 A.D.2d 686 (Rahmani Construction Corp. v. Westchester Business Institute) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.