Lexington Avenue Associates v. Kandell

—Order, Supreme Court, New York County (Edward Lehner, J.), entered March 5, 2001, which, in an action to enforce a stipulation of settlement, and to recover rent due for combined apartments of which defendant tenant is the tenant of record, use and occupancy for an apartment occupied by defendant, and attorneys’ fees, denied plaintiffs motion for use and occupancy on all three apartments pending the litigation, without prejudice to renewal in Civil Court, unanimously affirmed, without costs.

“Civil Court has jurisdiction of landlord tenant disputes (see CCA 204) and when it can decide the…