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PATCHOGUE ASSOC. v. SEARS & CO.

2010-3242 S C.

37 Misc.3d 1 (2012)

951 N.Y.S.2d 314

2012 NY Slip Op 22160

PATCHOGUE ASSOCIATES, Appellant, v. SEARS, ROEBUCK AND CO., Respondent.

Supreme Court, Appellate Term, Second Department, 9th and 10th Judicial Districts.

June 11, 2012.

Attorney(s) appearing for the Case

Rosenberg Calica & Birney LLP, Garden City ( Robert M. Calica , Edward M. Ross and Judah Serfaty of counsel), for appellant. Lynch Rowin LLP, New York City ( Marc Rowin and Jennifer Chavez of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is affirmed, without costs.

After this nonpayment summary proceeding was transferred to the Supreme Court to be joined with a plenary action instituted by tenant, the Supreme Court ordered tenant to pay monthly rent in the sum of $11,719 to be held in landlord's attorney's escrow account. Upon the dismissal of tenant...

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