Appellate Division of the Supreme Court of the State of New York May 14, 1987 (Hornfeld v. Gaare)

Order, Supreme Court, New York County (Martin Evans, J.), entered November 25, 1986, which granted reargument of an order entered October 8, 1986 by the same Justice but adhered to the prior determination denying plaintiff’s motion to compel defendant to pay use and occupancy for the subject premises, on the ground that the amount to be so paid should be fixed by the New York State Division of