457 MADISON AVE. CORP. v. LEDERER DE PARIS, INC.

Full title: 457 MADISON AVENUE CORPORATION, Petitioner-Landlord-Respondent, v. LEDERER…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Jun 26, 2006

2006 N.Y. Slip Op. 51164 (N.Y. App. Term 2006)

820 N.Y.S.2d 842

Opinion

570178/06.

Decided June 26, 2006.

Tenant Lederer de Paris, Inc. and respondents Robert Blau and Charles Blau, as limited by their briefs, appeal from that portion of an order of the Civil Court, New York County (Shlomo S. Hagler, J.), entered December 30, 2005, which granted landlord's motion to restore a nonpayment summary proceeding to the calendar.

Order (Shlomo S. Hagler, J.), entered December 30, 2005, affirmed, with $10 costs, for the reasons stated by Shlomo S. Hagler, J. at the Civil Court.

PRESENT: McKEON, P.J., DAVIS, GANGEL-JACOB, JJ.

PER CURIAM:

In affirming the court's restoral order, we note landlord's lack of intent to abandon the additional rent claim asserted by it in the within nonpayment summary proceeding and its active defense of the related Supreme Court accounting action instituted by the tenant ( see Roberson v. City of New York, 195 AD2d 597; see generally Evans v. New York City Hous. Auth., 262 AD2d 123).

This constitutes the decision and order of the court.