BLF Realty Holding Corp. v. Kasher

OPINION OF THE COURT

Douglas E. Hoffman, J.

This matter comes before the court upon respondent’s mo*478tion and petitioner’s cross motion for summary judgment. Alternatively, petitioner cross-moves, pursuant to CPLR 408, for an order permitting it to depose two nonparty witnesses (Susanna Dent and Howard Patlis, alleged subtenants herein), and for an order, pursuant to RPAPL 745 (2), compelling payment of use and occupancy pendente lite.

HISTORY

BLF Realty Holding Corp. originally commenced this proceeding as a declaratory judgment action in Supreme Court by filing a summons and complaint dated…