425 Third Avenue Realty Co. v. Greenfield

*543Judgment, Supreme Court, New York County (Edward H. Lehner, J.), entered December 4, 2009, following a nonjury trial, awarding plaintiff the principal sum of $35,942.68, unanimously affirmed, with costs. Appeals from orders, same court and Justice, entered September 29 and October 23, 2009, which denied defendants’ motion to dismiss the complaint, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

The trial court properly concluded that defendants owed plaintiff use and occupancy for the period from April 2006 through October 2007. Even though the evidence…