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240 W. 37th LLC v Triple Fashion Corp.
2009 NY Slip Op 51824(U) [24 Misc 3d 145(A)]
Decided on August 24, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 24, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570454/08.

240 West 37th LLC, Petitioner-landlord-Respondent, - -

against

Triple Fashion Corp., Respondent-Tenant-Appellant.


Tenant appeals from an order of the Civil Court of the City of New York, New York County (Geoffrey D. Wright, J.), entered April 24, 2008, which granted landlord's motion for summary judgment on the holdover petition and denied tenant's cross motion for summary judgment dismissing the petition.


Per Curiam.

Order (Geoffrey D. Wright, J.), entered April 24, 2008, reversed, with $10 costs, landlord's motion denied and tenant's cross motion to dismiss the holdover petition is granted. (See 240 West 37 LLC v Boa Fashion, Inc., appeal numbered 08-417, decided herewith.)

THIS CONSTITUTES THE ORDER OF THE COURT.
Decision Date: August 24, 2009