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Joseph P. Day Realty Corp. v. Davidson
Citations: 209 A.D.2d 353; 619 N.Y.S.2d 553
Court: Appellate Division of the Supreme Court of the State of New York; November 28, 1994; New York; State Appellate Court
The Supreme Court of New York County, under Justice Peter Tom, issued an order on December 28, 1993, granting the plaintiff's motion for partial summary judgment regarding unpaid rent due through June 1, 1991. The court awarded the plaintiff $70,389.51 for unpaid rent as of the motion date. However, the entry of judgment was stayed pending resolution of the affirmative defenses and counterclaims. The order was modified to sever the remaining causes of action and dismiss the counterclaims while affirming other aspects without costs. The court determined that it was erroneous to delay the entry of judgment for the rent due, as the plaintiff established a prima facie case for unpaid rent, thereby qualifying for partial summary judgment. The court agreed that the remaining claims should await the conclusion of discovery. The motion by the defendant-respondent to enlarge the record was denied, also without costs. Concurred by Justices Murphy, Sullivan, Rosenberger, and Nardelli.