Clermont York Assoc. v. Feher

OPINION OF THE COURT

Appeal from order, dated May 22, 2009, deemed an appeal from the ensuing final judgment (same court), entered on or about May 22, 2009, and so considered, final judgment affirmed, without costs. Order (same court), dated August 18, 2009, modified to vacate the award of use and occupancy, award use and occupancy to landlord in the amount of the rent reserved in tenant’s most recent lease, plus any applicable rent guidelines increases through June 30, 2009, and remand the matter for calculation of the use and occupancy award and entry of an amended judgment, and, as…