One Arden Partners, L.P. v Unique People Servs. Inc.

[*1] One Arden Partners, L.P. v Unique People Servs. Inc. 2010 NY Slip Op 51978(U) [29 Misc 3d 135(A)] Decided on November 17, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 17, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570575/10.

One Arden Partners, L.P., Petitioner-Landlord-

against

Unique People Services Inc., Respondent-Tenant-Respondent, -and- "John Doe" and "Jane Doe," Respondents-Undertenants.

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Gary F. Marton, J.), dated November 25, 2008, which denied its motion for summary judgment on the petition and to strike tenant's affirmative defenses and counterclaim for attorneys' fees, and granted tenant's cross motion for summary judgment dismissing the petition in a holdover summary proceeding.

Per Curiam.
Order (Gary F. Marton, J.), dated November 25, 2008, reversed, with $10 costs, landlord's motion for summary judgment granted, tenant's cross motion for summary judgment denied, judgment directed in landlord's favor on its petition and tenant's affirmative defenses and counterclaim are stricken. Execution of any warrant of eviction shall be stayed for 60 days from service of a copy of this order with notice of entry.(See One Arden Partners, L.P. v Unique People Services Inc., cal. no. 10-252, decided simultaneously herewith).

THIS CONSTITUTES THE ORDER OF THE COURT.
Decision Date: November 17, 2010