In 1251 Ams. Associates II LP v Rock 49th Restaurant Corp., 13 Misc 3d 142(A), 831 NYS2d 360 (App Term, 1st Dept 2006), the Appellate Term reversed the trial court's dismissal of the holdover proceeding on strikingly similar facts.
Summary of this case from 1256-60 Lexco LLC v. 1260 Lexington Corp.No. 1251.
November 29, 2006.
Landlord and Tenant — Rent.
In 1251 Ams. Associates II LP v Rock 49th Restaurant Corp., 13 Misc 3d 142(A), 831 NYS2d 360 (App Term, 1st Dept 2006), the Appellate Term reversed the trial court's dismissal of the holdover proceeding on strikingly similar facts.
Summary of this case from 1256-60 Lexco LLC v. 1260 Lexington Corp.Full title:1251 Ams. Assoc. II, L.P. v. Rock 49th Rest. Corp
Court:Appellate Term of the Supreme Court of New York, First Department
Date published: Nov 29, 2006
Our dissenting colleague's concern that plaintiff has adopted a new theory of recovery not raised before the…
1256-60 Lexco LLC v. 1260 Lexington Corp.Therefore, the July rent was due on July first, even if the tenant moved out on July 2nd. In 1251 Ams.…