1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 202 A.D.3d
  5. 202 A.D.3d 609 (2022)
 

10E53 OWNER LLC v. BRUDERMAN ASSET MANAGEMENT

Index No. 654450/20. Appeal No. 15374. Case No. 2021-01723.

202 A.D.3d 609 (2022)

159 N.Y.S.3d 849

2022 NY Slip Op 01228

10E53 Owner LLC, Respondent, v. Bruderman Asset Management, Appellant.

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

Decided February 24, 2022.

Attorney(s) appearing for the Case

The Law Firm of Elias C. Schwartz, PLLC, Great Neck (Marc J. Monte of counsel), for appellant.

Stempel Bennett Claman & Hochberg, P.C., New York (Edmond P. O'Brien of counsel), for respondent.

Concur—Acosta, P.J., Kapnick, Friedman, Singh, Pitt, JJ.

The court providently exercised its discretion in awarding plaintiff pendente lite use and occupancy, as it would have been "manifestly unfair" for defendant "to remain in possession of the subject premises without paying for [its] use" (MMB Assoc. v Dayan, 169 A.D.2d 422, 422 [1st Dept 1991]).

Defendant's argument that the court's award of use and occupancy at the 200% holdover rate specified in the parties' lease was punitive...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases