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Philadelphia Skyline

Failure To Comply with Use and Occupancy Order Resulted in Dismissal of Answer and Affirmative Defenses in Summary Proceeding and Three Newsstand Evictions

August 7, 2015  

Tenant entered into licenses with public benefit authority to operate four newsstands located in four different New York City subway stations.  The public benefit corporation, represented by Itkowitz PLLC, brought proceedings based on Tenant’s failure to pay compensation and failure to procure insurance for the newsstands.

Tenant did not seem to be able to pay the arrears, and kept asking for adjournments, delaying the inevitable.  A stipulation was entered into whereby the matter was marked “final” and Tenant was required to pay a use and occupancy payment, upon the failure of which the landlord would be entitled to summary judgment.  Tenant did NOT pay the ordered use and occupancy.  Nor did he pay any further compensation.  What Tenant DID do was bring some rather late motions to dismiss based on some very frivolous arguments.  Therefore, we cross-moved for summary judgment.

The court granted our summary judgment motions.  The tenant was evicted from all four newsstands.

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