| Strand Hill Assoc. v Thomas Gassenbauer |
| Motion No: 2012-00470 KC |
| Slip Opinion No: 2014 NY Slip Op 68634(U) |
| Decided on March 21, 2014 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MARTIN M. SOLOMON, J.P.
MICHAEL L. PESCE
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| Strand Hill Associates, Appellant, v Thomas Gassenbauer, Respondent. |
Motion by appellant for leave to appeal to the Appellate Division from a decision and order of this court dated September 26, 2013, which determined an appeal from an order of the Civil Court of the City of New York, Kings County, entered January 20, 2012.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
It is noted that this court's decision and order held only that a nonpayment proceeding could not be maintained for the monies allegedly due for the period prior to the execution of a lease, and did not preclude appellant from pursuing such other remedies as may be available to recover those monies.
ENTER:
Paul Kenny
Chief Clerk