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KIRSCHENBAUM v. M-T-S FRANCHISE

77 Misc.2d 1012 (1974)

Samuel Kirschenbaum, as Attorney for Stage Glens Falls Corp. and Stage Industries, Inc., Petitioner, v. M-t-s Franchise Corp., Respondent.

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

April 10, 1974

Attorney(s) appearing for the Case

Dreyer & Traub (Samuel Kirschenbaum and Thomas C. Lambert of counsel), for petitioner. Laitman, Mathews & Magidson (Morton H. Rosen, Ernest L. Mathews and Simon Barsky of counsel), for respondent.

SHANLEY N. EGETH, J.

The respondent in this holdover proceeding has moved to dismiss the petition on the grounds that the proceeding is not maintainable in that its sublease has not been terminated. Respondent contends that petitioner's purported termination was ineffective because a proper notice of termination was never served in conformity with the provisions of the sublease. Petitioner opposes the motion claiming that its letter of May 2, 1973 resulted...

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