THE BOARD OF MANAGERS OF THE SARATOGA CONDOMINIUM, plf-res, v. NIR SHUMINER, def-ap

3539-3540. THE BOARD OF MANAGERS OF THE SARATOGA CONDOMINIUM, plf-res, v. NIR SHUMINER, def-ap — SCANIO MOVERS, INC., ETC, plf-ap, v. THE SARATOGA NEW YORK LLC, DOING BUSINESS AS THE SARATOGA CONDOMINIUM def-res — The Law Office of Bennett D. Krasner, Atlantic Beach (Elizabeth Mark Meyerson of counsel), for ap — Smith, Buss & Jacobs, LLP, Yonkers (Ryan P. Kaupelis of counsel), for res — Judgment, Supreme Court, New York County (Ellen M. Coin, J.), entered June 5, 2015, in favor of plaintiff the Board of Managers of the Saratoga Condominium (the Landlord), and against defendant Nir Shuminer in the total amount of $133,735.21, and bringing up for review an order, same court and Justice, entered February 20, 2013, insofar as it granted the Landlord's motion for summary judgment in lieu of complaint; and judgment, same court and Justice, entered June 8, 2016, against plaintiff Scanio Movers Inc., t/a Scanio Moving & Storage, Inc. (Scanio), and in favor of defendants the Saratoga New York LLC d/b/a the Saratoga Condominium and the Saratoga Condominium (together the Landlord) in the total amount of $618,640.41, and bringing up for review an order, same court and Justice, entered July 30, 2015, which, among other things, granted said defendants' motion for summary judgment dismissing the complaint and for summary judgment on their counterclaims, unanimously affirmed, without costs.

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3539-3540. THE BOARD OF MANAGERS OF THE SARATOGA CONDOMINIUM, plf-res, v. NIR SHUMINER, def-ap — SCANIO MOVERS, INC., ETC, plf-ap, v. THE SARATOGA NEW YORK LLC, DOING BUSINESS AS THE SARATOGA CONDOMINIUM def-res — The Law Office of Bennett D. Krasner, Atlantic Beach (Elizabeth Mark Meyerson of counsel), for ap — Smith, Buss & Jacobs, LLP, Yonkers (Ryan P. Kaupelis of counsel), for res — Judgment, Supreme Court, New York County (Ellen M. Coin, J.), entered June 5, 2015, in favor of plaintiff the Board of Managers of the Saratoga Condominium (the Landlord), and against defendant Nir Shuminer in the total amount of $133,735.21, and bringing up for review an order, same court and Justice, entered February 20, 2013, insofar as it granted the Landlord’s motion for summary judgment in lieu of complaint; and judgment, same court and Justice, entered June 8, 2016, against plaintiff Scanio Movers Inc., t/a Scanio Moving & Storage, Inc. (Scanio), and in favor of defendants the Saratoga New York LLC d/b/a the Saratoga Condominium and the Saratoga Condominium (together the Landlord) in the total amount of $618,640.41, and bringing up for review an order, same court and Justice, entered July 30, 2015, which, among other things, granted said defendants’ motion for summary judgment dismissing the complaint and for summary judgment on their counterclaims, unanimously affirmed, without costs.

In these consolidated appeals, Scanio, a commercial tenant, claimed that it was constructively evicted due to scaffolding and sidewalk sheds around its store, which were erected in preparation for facade work to the Saratoga Condominium. Scanio vacated the premises and commenced an action alleging, among other things, constructive eviction against the Landlord. The Landlord counterclaimed for, among other things, the remaining rent due, and commenced a separate action against Scanio’s president and guarantor, Shuminer.

THE BOARD OF MANAGERS OF THE SARATOGA CONDOMINIUM, plf-res, v. NIR SHUMINER, def-ap

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