• Appellate Term, Second Judicial Department
  • 2015-469 K C
  • Mar 29 2017 (Date Decided)
  • : Solomon, J.P., Pesce, Elliot, JJ.
2015-469 K C. FRONT ST. REST. CORP. v. CIOLLI — Appeal from an amended decision of the Civil Court of the City of New York, Kings County (Robin Kelly Sheares, J.), dated February 26, 2015, deemed from a final judgment of the same court entered February 26, 2015 (see CPLR 5512 [a]). The final judgment, entered pursuant to an amended decision which, upon a motion by tenant to be permitted to deduct certain expenses from the use and occupancy that he was required to pay pursuant to a stipulation dated February 20, 2014 and orders of the same court dated April 29, 2014 (Steven Z. Mostofsky, J.) and December 1, 2014 (Robin Kelly Sheares, J.), or for alternative relief, and upon a cross motion by landlord to compel tenant to pay arrears of $24,000 in use and occupancy, sua sponte awarded landlord possession and the sum of $160,478.87 in a holdover summary proceeding.

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