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Landlord & Tenant

By ljnstaff | Law Journal Newsletters

Stipulation of Settlement Did Not Constitute Voluntary Surrender
 NRP LLC I v. Elo Management LLC
NYLJ 7/10/17, p. 18, col. 1
AppTerm, First Dept.
(memorandum opinion)

In commercial landlord's nonpayment proceeding, landlord appealed from Civil Court's dismissal of the petition against subtenants. The Appellate Term modified to reinstate the petition and grant summary judgment to landlord, holding that the stipulation of settlement between landlord and main tenant did not constitute a voluntary surrender that would permit the subtenants to remain in possession.

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