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CRE Case Roundup
Landlord's Re-Entry Not Authorized By Lease Provision
Patton v. Modern Asian, Inc., 2022 WL 4239583
In a landlord's action for unpaid rent, the tenant appealed from the New York Supreme Court's judgment, after a nonjury trial, awarding landlord $76,567 in unpaid rent and interest. The Appellate Division modified to vacate the award of damages, holding that tenant had not abandoned the premises, so that the lease provision entitling landlord to retake possession in case of abandonment had not been triggered.
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