1251 Ams. Assoc. II, L.P. v Rock 49th Rest. Corp.

[*1] 1251 Ams. Assoc. II, L.P. v Rock 49th Rest. Corp. 2009 NY Slip Op 50617(U) [23 Misc 3d 128(A)] Decided on April 9, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 9, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
.

1251 Americas Associates II, L.P., Petitioner-Landlord-Respondent, 570878/07

against

Rock 49th Rest. Corp. d/b/a City Crab & Lobster Co., Respondent-Tenant-Appellant.

Tenant appeals from a final judgment of the Civil Court of the City of New York, New York County (Anil C. Singh, J.), entered October 1, 2008, after a nonjury trial, which awarded landlord possession and recovery of additional rent in the sum of $135,119 in a nonpayment summary proceeding.

Per Curiam.

Final judgment (Anil C. Singh, J.), entered October 1, 2008, affirmed, with $25 costs, for the reasons stated by Anil C. Singh, J. at Civil Court.

THIS CONSTITUTES THE ORDER OF THE COURT.
Decision Date: April 09, 2009