34 & 7 REALOPP CORP. v. SEAFOOD CITY


67 Misc.2d 625 (1971)

34 & 7 Realopp Corporation, Petitioner, v. Seafood City, Inc., Respondent.

Civil Court of the City of New York, New York County, Trial Term.

September 28, 1971


Attorney(s) appearing for the Case

Gubman & Sitomer (Joseph G. Gubman and Robert I. Edlitz of counsel), for petitioner. Carb, Luria, Glassner, Cook & Kufeld (Bernard D. Sumliner of counsel), for respondent.


IRVING YOUNGER, J.

This is a summary proceeding brought pursuant to section 711 of the Real Property Actions and Proceedings Law to recover possession of a store. Respondent defaulted, whereupon final judgment was entered for petitioner. Then respondent moved to vacate its default. Because the papers raised an issue of personal jurisdiction which could not be determined solely on the affidavits, I set the matter down for an evidentiary hearing. On the...

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