Legal Opinion

1152 First Avenue, LLC v. MNY Holdings Associates, LLC

Civil Court of the City of New York

Decided December 26, 2003Published

1Opinion of the Court

*926OPINION OF THE COURT

Paul G. Feinman, J.

In this commercial landlord-tenant nonpayment proceeding, respondent moves for summary judgment and dismissal of the petition based on allegedly improper claims for real estate tax payments for the years 2002-2003 and 2003-2004. Respondent also seeks attorney’s fees. For the reasons set forth below, the motion is granted.

Factual Background

The building at issue is located at 1152 First Avenue, New York, New York. In August 1995, petitioner’s predecessor leased the subject premises to Beerworks, LLC, respondent’s predecessor (affidavit in opposition,…

2Cases cited8 opinions

  1. Jacobson v. SassowerNew York Court of Appeals · 1985
  2. Fairfax Co. v. Whelan Drug Co.Appellate Division of the Supreme Court of the State of New York · 1984
  3. S.B.S. Associates v. Weissman-Heller, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
  4. Bryant Park Building, Inc. v. AcuntoCity of New York Municipal Court · 1928
  5. Credit Exchange, Inc. v. 461 Eighth Avenue AssociatesNew York Court of Appeals · 1987

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