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91 FIFTH v. BROOKHILL PROP.

LT-84401-15/NY.

51 Misc.3d 811 (2016)

28 N.Y.S.3d 263

2016 NY Slip Op 26059

91 FIFTH AVENUE CORP., Petitioner, v. BROOKHILL PROPERTY HOLDINGS LLC, Respondent.

Civil Court of the City of New York, New York County.

Decided February 29, 2016.

Attorney(s) appearing for the Case

Sperber Denenberg & Kahan, P.C., New York City (Jacqueline Handel-Harbour of counsel), for petitioner.

Belkin Burden Wenig & Goldman, LLP, New York City (Scott F. Loffredo of counsel), for respondent.

OPINION OF THE COURT

Petitioner's motion to dismiss respondent's affirmative defenses and for summary judgment and respondent's cross motion for summary judgment and to dismiss the petition are decided as follows:

Petitioner, 91 Fifth Avenue Corp., initiated this commercial nonpayment proceeding on November 30...

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