New York Supreme and/or Appellate Courts APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
June 8, 2011
NORTHWEST 5TH & 45TH REALTY CORP., PETITIONER-LANDLORD-RESPONDENT,
MITCHELL, MAXWELL & JACKSON, INC., RESPONDENT-TENANT-APPELLANT.
Northwest 5th & 45th Realty Corp. v Mitchell, Maxwell & Jackson, Inc.
Decided on June 8, 2011
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This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: Shulman, J.P., Schoenfeld, Torres, JJ
Tenant appeals from an order of the Civil Court of the City of New York, New York County (Manuel J. Mendez, J.), dated April 5, 2010, which granted landlord's motion for summary judgment in the principal sum of $162,437.08 in this commercial nonpayment proceeding.
Appeal from order (Manuel J. Mendez, J.), dated April 5, 2010, deemed an appeal from the ensuing final judgment (same court and Judge), entered April 6, 2010, and so considered (see CPLR 5520[c]), final judgment affirmed, without costs.
Civil Court correctly granted landlord's motion for summary judgment on its claim to recover base rent arrears pursuant to the parties' commercial lease agreement, as landlord met its initial burden by submitting evidence that tenant failed to pay past due base rent in the amount of $162,437.08 for the period in which tenant remained in possession of the subject premises (see Crystal Run Newco, LLC v United Pet Supply, Inc., 70 AD3d 1418, 1419 , rearg denied 72 AD3d 1657 ; 130 William LLC v Gomez, 11 Misc 3d 126[A], 2006 NY Slip Op 50182[U] ). In opposition to the motion for summary judgment, tenant failed to raise a triable issue. Inasmuch as tenant does not contest its nonpayment of the base rent or the amount of arrears, landlord is entitled to summary judgment (see Crystal Run Newco, LLC v United Pet Supply, Inc., 70 AD3d at 1419-1420; 530 Fifth Ave. RPF III Assoc. Ltd. Partnership v James E. Arnold Consultants, Inc., 2002 NY Slip Op 50028[U] ).
We have examined tenant's remaining contentions and find them to be without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: June 08, 2011
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