LIBERTY EQUITY RESTORATION CORPORATION, plf-res, v. MAENGSOON YUN DEFENDANTS THIRD-PARTY PLAINTIFFS-ap; FRANK LOPRIORE THIRD-PARTY DEFENDANTS-RESPONDENTS THIRD-PARTY def — MATTER OF KIL CHUNG YUN pet-ap, v. LIBERTY EQUITY RESTORATION CORPORATION, RESPONDENT-RESPONDENT res

LIBERTY EQUITY RESTORATION CORPORATION, plf-res, v. MAENGSOON YUN DEFENDANTS THIRD-PARTY PLAINTIFFS-ap; FRANK LOPRIORE THIRD-PARTY DEFENDANTS-RESPONDENTS THIRD-PARTY def — MATTER OF KIL CHUNG YUN pet-ap, v. LIBERTY EQUITY RESTORATION CORPORATION, RESPONDENT-RESPONDENT res — (INDEX NO. 70040/12)In a consolidated action, inter alia, to recover damages for breach of contract, and summary holdover proceeding, the defendants third-party plaintiffs/petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (O. Bellantoni, J.), dated August 28, 2013, as denied those branches of their motion which were for summary judgment awarding them possession of the subject premises and for summary judgment awarding them the value of the use and occupancy of the subject premises as of August 1, 2012, as against the plaintiff/respondent, Liberty Equity Restoration Corporation, and the third-party defendants Frank LoPriore and Mary Ann LoPriore.

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LIBERTY EQUITY RESTORATION CORPORATION, plf-res, v. MAENGSOON YUN DEFENDANTS THIRD-PARTY PLAINTIFFS-ap; FRANK LOPRIORE THIRD-PARTY DEFENDANTS-RESPONDENTS THIRD-PARTY def — MATTER OF KIL CHUNG YUN pet-ap, v. LIBERTY EQUITY RESTORATION CORPORATION, RESPONDENT-RESPONDENT res — (INDEX NO. 70040/12)In a consolidated action, inter alia, to recover damages for breach of contract, and summary holdover proceeding, the defendants third-party plaintiffs/petitioners appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (O. Bellantoni, J.), dated August 28, 2013, as denied those branches of their motion which were for summary judgment awarding them possession of the subject premises and for summary judgment awarding them the value of the use and occupancy of the subject premises as of August 1, 2012, as against the plaintiff/respondent, Liberty Equity Restoration Corporation, and the third-party defendants Frank LoPriore and Mary Ann LoPriore.

ORDERED that the order is modified, on the law, by deleting the provisions thereof denying those branches of the motion of the defendants third-party plaintiffs/petitioners which were for summary judgment awarding them possession of the subject premises and for summary judgment awarding them the value of the use and occupancy of the subject premises as of August 1, 2012, as against the plaintiff/respondent, Liberty Equity Restoration Corporation, and substituting therefor a provision granting those branches of the motion; as so modified, the order is affirmed insofar as appealed from, with costs payable to the defendants third-party plaintiffs/petitioners by the plaintiff/respondent, Liberty Equity Restoration Corporation, and the matter is remitted to the Supreme Court, Westchester County, to determine the amount of damages owed to the defendants third-party plaintiffs/petitioners by the plaintiff/respondent, Liberty Equity Restoration Corporation, in accordance herewith.

LIBERTY EQUITY RESTORATION CORPORATION, plf-res, v. MAENGSOON YUN DEFENDANTS THIRD-PARTY PLAINTIFFS-ap; FRANK LOPRIORE THIRD-PARTY DEFENDANTS-RESPONDENTS THIRD-PARTY def — MATTER OF KIL CHUNG YUN pet-ap, v. LIBERTY EQUITY RESTORATION CORPORATION, RESPONDENT-RESPONDENT res

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