B. Bros. Broadway Realty LLC v Universal Fabric, Inc. (2009 NY Slip Op
51658(U))
[*1]
B. Bros. Broadway Realty LLC v Universal Fabric, Inc.
2009 NY Slip Op 51658(U) [24 Misc 3d 1228(A)]
Decided on July 23, 2009
Civil Court Of The City Of New York County, New York County
Kennedy, J.
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This opinion is uncorrected and will not be
published in the printed Official Reports.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 July 23, 2009
Civil Court of the City of New York County, New York
County
B. Bros. Broadway
Realty LLC, Petitioner/Landlord,
against
Universal Fabric, Inc., Respondent/Tenant.
L & T 65911/09
Adam Paul Pollack, Esq. - for petitioner
Pollack & Sharan, LLP
15 Maiden Lane - Suite 1400
New York, NY 10038
Stephen Latzman, Esq - for respondent
276 Fifth Avenue - Suite 306
New York, NY 10001
Eric S. Horowitz, Esq. - for third party
Zane and Rudofsky
601 West 26th Street
New York, NY 10001
Tanya R. Kennedy, J.
FACTUAL AND PROCEDURAL BACKGROUND
[*2]
Respondent entered into possession of the subject
premises pursuant to a February 13, 2004 lease agreement with non-party 1385 Broadway, as
landlord, for a term through April 30, 2009, and tendered the sum of $6,314.88 as a security
deposit. 1385 Broadway subsequently assigned the lease to non-party 1385 Broadway LLC
(hereinafter Broadway LLC) pursuant to an agreement, dated June 30, 2006.
By agreements dated June 6, 2008, Broadway LLC surrendered the subject premises and
assigned its interest to petitioner. Thereafter, by notice dated June 11, 2008, Broadway LLC
informed respondent that it assigned its interest in the premises to petitioner and transferred to
petitioner the funds sufficient to cover respondent's security deposit.