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SOLOW BUILDING COMPANY, L.L.C. v. JONES APPAREL GROUP, INC.

21 Misc.3d 328 (2008)

SOLOW BUILDING COMPANY, L.L.C., Petitioner, v. JONES APPAREL GROUP, INC., Respondent.

Civil Court, New York County.

July 9, 2008.

Attorney(s) appearing for the Case

Stern Tannenbaum & Bell, LLP, New York City (Karen S. Frieman of counsel), for respondent.

Rosenberg & Estis, P.C., New York City (Norman Flitt and Warren A. Estis of counsel), for petitioner.

OPINION OF THE COURT

ARTHUR F. ENGORON, J.

It is hereby ordered that the motion is granted and the cross motion is denied.

The instant motion and cross motion in this summary nonpayment proceeding raise several interesting issues that have been well-briefed and vigorously (indeed, at times, vociferously) argued by counsel. However, resolution of a single dispositive issue, to wit, subject matter jurisdiction vel non, inclines the court not to decide...

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