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(DOWNLOAD) "West Broadway Glass Co. v. Namaskaar of Soho" by New York County Civil Court of the City of New York * eBook PDF Kindle ePub Free

West Broadway Glass Co. v. Namaskaar of Soho

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eBook details

  • Title: West Broadway Glass Co. v. Namaskaar of Soho
  • Author : New York County Civil Court of the City of New York
  • Release Date : January 31, 2006
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 75 KB

Description

Respondent brings this motion for an Order awarding damages for wrongful eviction against the petitioner, and setting this matter down for a hearing to determine the amount of damages sustained by respondent. The moving papers indicate the damages consist of the difference between the fair market value and the rent indicated in the lease for the period between March 3, 2005 and May 16, 2005, as well as, attorney fees incurred by the respondent in the nonpayment proceeding and Supreme Court Actions. Petitioner opposes said motion by submitting an affirmation in opposition which indicates the respondent is not entitled to any damages. Petitioner claims that the application for damages should be restricted to solely attorney fees, and there is no entitlement because authorization does not exist pursuant to agreement between the parties, by statute or by court rule. Petitioner also asserts the claim for value of rent does not apply in this action because there is no ongoing operation to relocate or continue respondents business, and furthermore, rent was not paid during the period asserted in the moving papers, specifically between March 3, 2005 and May 16, 2005.


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