UNITED ARTISTS v. 731 SEVENTH AVE. REST.


75 Misc.2d 717 (1973)

United Artists Corporation, Petitioner, v. No. 731 Seventh Avenue Restaurant, Inc., et al., Respondents.

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

July 13, 1973


Attorney(s) appearing for the Case

Phillips, Nizer, Benjamin, Krim & Ballon (Simon Rose and Janet P. Kane of counsel), for petitioner. Wolk & Wolk (Edmund F. Wolk of counsel), for No. 731 Seventh Avenue Restaurant, Inc., respondent.


BENTLEY KASSAL, J.

Tenant, in this commercial nonpayment summary proceeding, moves to dismiss the petition on the basis of election of remedies by the landlord. Tenant argues that the landlord's conduct in commencing a holdover proceeding and appealing the final judgment bars the institution of the nonpayment proceeding.

In August, 1972, the landlord served the tenant with a notice of cancellation for failure to remedy numerous claimed defaults...

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