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Integral Development Corp. v. Vista Financial Holdings Corp

Commercial subtenant is evicted; warrant was issued before bankruptcy court proceedings.

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Petitioner is the commercial tenant of the subject premises. Pursuant to a sublease entered into on December 20, 2001, Petitioner sublet the premises to Respondent Vista Financial Holdings Corp. with Respondent Whitworth as guarantor of the sublease. The sublease was to terminate on October 31, 2003.

In October, 2002, Petitioner commenced a summary nonpayment proceeding against Respondents. The parties entered into a consent judgment which was subsequently breached by Respondents. A 5-day Notice of Eviction was served in June, 2003, pursuant to the Settlement Stipulation. Respondents were evicted on July 14, 2003. Respondents filed an Order to Show Cause which was granted and which provided Respondents temporary restoration to the premises. In a Decision/Order of this court dated September 5, 2003, Respondents’ restoration application was denied, and pursuant thereto the New York City Marshal served a 5-day Notice of Eviction on Respondents on September 11, 2003, with the eviction scheduled for September 22, 2003.

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