Opinion
434
March 4, 2003.
Order, Supreme Court, Bronx County (Kenneth Thompson, J.), entered August 2, 2002, which, insofar as appealed from as limited by plaintiff's stipulation, denied plaintiff's motion for summary judgment in this action for ejectment, unanimously reversed, on the law, without costs, the motion granted as to the cause of action for ejectment and plaintiff awarded sole possession of the subject premises. The Clerk is directed to enter judgment accordingly.
Edward J. Greenfield, for plaintiff-appellant.
Before: Saxe, J.P., Sullivan, Ellerin, Lerner, Gonzalez, JJ.
In view of plaintiff's post-argument stipulation to waive all monetary claims for damages for arrears and all claims for expenditures for repairs after the fire, there remain no issues of fact precluding summary judgment on his action for ejectment of defendant for nonpayment of rent.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.