WEINBERGER v. DRISCOLL


89 Misc.2d 675 (1977)

Sidney B. Weinberger, as Attorney for Henry Moskowitz, Doing Business as Dorchester Riverside Co., Petitioner, v. Patrick Driscoll et al., Respondents.

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

March 7, 1977


Attorney(s) appearing for the Case

Goldstick, Weinberger, Alperstein & Taishoff, P. C. (David T. Goldstick of counsel), for petitioner. Lerner, Walker, Levy & Cohen (Leonard Lerner of counsel), for respondent.


ARTHUR E. BLYN, J.

To be or not to be, that is the question? That is the predicament faced by a tenant served with a 30-day notice where the proceeding based on such notice is terminated without removal.

Identical motion papers under both index numbers are consolidated for purposes of disposition.

The motions seek dismissal of the petitions on the grounds that petitioner has failed to give the...

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