MTR. OF PEPSI-COLA BOTTLE CO. v. MILLER


50 Misc.2d 40 (1966)

In the Matter of Pepsi-Cola Metropolitan Bottling Co., Inc., Petitioner, v. H. Walter Miller et al., Doing Business as Adams Engineering Co., Respondents.

Civil Court of the City of New York, Bronx County.

April 29, 1966


Attorney(s) appearing for the Case

Nixon, Mudge, Rose, Guthrie & Alexander (Thomas W. Evans of counsel), for petitioner. Louis Fusco, Jr., for respondents.


ALFRED J. CALLAHAN, J.

In this holdover proceeding to recover possession of commercial real property, the named respondents set up two affirmative defenses in which they assert (1) that the 30-day notice, petition and notice of petition are defective in that they do not designate as a party respondent the actual occupant of the premises and (2) that said actual occupant (a corporation) was not properly served with the 30-day notice. They also assert a...

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