SILVERMAN v. D'ARCO

107586/11, 2346NA, 2346N.

144 A.D.3d 613 (2016)

2016 NY Slip Op 08026

41 N.Y.S.3d 426

NOAH H. SILVERMAN, Respondent, v. MARY JO D'ARCO, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 29, 2016.


Supreme Court has subject matter jurisdiction over this dispute (see Chelsea 18 Partners, LP v Sheck Yee Mak, 90 A.D.3d 38, 41 [1st Dept 2011]). The court properly directed defendant to pay for her past and current use and occupancy for the unit while the matter was pending (see 35 Lispenard Partners, Inc. v 35 Smoke & Grill, LLC, 74 A.D.3d 496 [1st Dept 2010]). Since defendant failed...

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