Legal Opinion

159 W. 23rd LLC v. Spa Ciel De NY Corp.

Appellate Terms of the Supreme Court of New York

Decided February 5, 2020No. 2020 NYSlipOp 20027Published

1Opinion of the Court

159 West 23rd LLC, Petitioner-Landlord-Appellant,

against

Spa Ciel De NY Corp., Respondent-Tenant-Cross- Appellant, and "XYZ Corp.," Respondent-Undertenant.

Landlord, as limited by its briefs, appeals from that portion of an order of the Civil Court of the City of New York, New York County (Elena Baron, J.), entered on or about September 16, 2019, which denied its motion to dismiss tenant's affirmative defenses, for summary judgment of possession and for rent/use and occupancy in a holdover summary proceeding. Tenant, as limited by its briefs, cross-appeals from that portion of the same order…

Also in this document: Per curiam.

2Cases cited9 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Jefpaul Garage Corp. v. Presbyterian HospitalNew York Court of Appeals · 1984
  3. Excel Graphics Technologies, Inc. v. CFG/AGSCB 75 Ninth AvenueAppellate Division of the Supreme Court of the State of New York · 2003
  4. Paramount Leasehold, L.P. v. 43rd Street Deli, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
  5. Allstate Insurance v. KeilAppellate Division of the Supreme Court of the State of New York · 2000

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