SUMMARY JUDGMENT IS GRANTED FOR COMMERCIAL NON-PAYMENT WHERE THERE WAS NO ISSUE WARRANTING TRIAL.

Case: Centre Plaza, LLC v. Chin Young Co., Inc.

Citation: NYLJ 9/20/10, p. 26, col. 1

Attorney: Robert Silversmith

In this commercial non-payment proceeding, the Court granted the Landlord summary judgment. As a matter of law, the tenant failed to raise issues of fact warranting a trial. The Court dismissed the tenant’s affirmative defenses of waiver, prior action pending in Supreme Court, the amount of rent sought was improper, and that the rent demand and petition were not properly served.