[*1]
457 Madison Ave. Corp. v Lederer de Paris, Inc.
2006 NY Slip Op 51164(U) [12 Misc 3d 132(A)]
Decided on June 26, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on June 26, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

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

457 Madison Avenue Corporation, Petitioner-Landlord-Respondent, No. 570178/06

against

Lederer de Paris, Inc., Respondent-Tenant-Appellant, Robert Blau and Charles Blau, Respondents-Appellants.


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.


PER CURIAM:

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.

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 [1993]; see generally Evans v New York City Hous. Auth., 262 AD2d 123 [1999]).

This constitutes the decision and order of the court. [*2]
Decision Date: June 26, 2006