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Houston Essex Realty Corp. v Club Old Banque Corp. (2004 NY Slip Op 50258(U))
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Decided on March 30, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. MARTIN SCHOENFELD, Justices.
570753/03

HOUSTON ESSEX REALTY CORP., Petitioner-Landlord -Respondent,
against
CLUB OLD BANQUE CORP. The entire premises known as and located at 225 East Houston
Street New York, New York 10003, Respondent -Tenant -Appellant.

Tenant appeals from an order of the Civil Court, New York County, dated July 9, 2003 (Geoffrey D. Wright, J.) granting landlord's motion to strike the answer and for a judgment of possession and an order of the Civil Court, New York County, dated August 21, 2003 (Geoffrey D. Wright, J.) denying tenant's motion to vacate the judgment and warrant in this holdover proceeding.
PER CURIAM:
Orders dated July 9, 2003 and August 21, 2003 (Geoffrey D. Wright, J.) affirmed, with $10

file:///C|/Users/Peter/Desktop/NY/2/2004_50258.htm[4/21/2013 1:36:25 PM]
Houston Essex Realty Corp. v Club Old Banque Corp. (2004 NY Slip Op 50258(U))
costs.
Upon the commercial tenant's failure to timely comply with two prior orders for payment of interim use and occupancy, and its tender of a check which was returned for insufficient funds, Civil Court properly granted judgment for landlord (see, RPAPL

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