PEOPLE v. RELIANCE FUEL OIL CORP.


48 Misc.2d 370 (1965)

The People of the State of New York, Petitioner, v. Reliance Fuel Oil Corp., Respondent. The People of the State of New York, Petitioner, v. Mrs. Abraham Albert Comet et al., Respondents.

District Court of Nassau County, First District.

December 1, 1965


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Vito Titone of counsel), for petitioner. Samuel H. Borenkind for Reliance Fuel Oil Corp., respondent. Harnett & Powell (Adolph Koeppel of counsel), for Mrs. Abraham Albert Comet, respondent. Milligan, Reilly, Like & Schneider (Edward A. Brooks, Jr., of counsel), for Nassau-Suffolk Lumber and Supply Co., respondent.


JOHN S. LOCKMAN, J.

These two actions are decided together since they involve the identical question, to wit: in an eviction action under eminent domain condemnation, does the court have jurisdiction when the statutory notice to quit has not been served the required time before the date of the petition?

These facts are established: the State condemnation proceeding for a grade crossing elimination has...

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