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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

31-67 Astoria Corp. v. Cabezas (2017)

Citation
31-67 Astoria Corp. v. Cabezas (2017)
Parent Document
31-67 Astoria Corp. v. Cabezas (2017)
Jurisdiction
New York (state)
Effective Date
2017-04-07

Full Text

628 chars
However, the motion papers established that, in a period of approximately three years, from April 2011 through May 2014, landlord had successfully maintained three nonpayment proceedings against tenant. Additionally, landlord provided sworn proof that tenant had failed to pay in full and on time in any month between June 2004 and June 2015. In light of the three nonpayment proceedings and tenant's payment history (see e.g. GIT LEB, LLC v Golphin, 51 Misc 3d 144[A], 2016 NY Slip Op 50713[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2016]), the branch of tenant's motion seeking summary judgment should have been denied.