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GARDENS NURS SCH v. COL UNIV

94 Misc.2d 376 (1978)

Gardens Nursery School, Petitioner, v. Columbia University in the City of New York, Respondent.

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

May 4, 1978

Attorney(s) appearing for the Case

Byron Goldan for respondent. James N. Finney and Bruce E. Tolbert for petitioner.

BURTON S. SHERMAN, J.

The respondent, a landlord, moves to dismiss for lack of subject matter jurisdiction this summary proceeding brought by an alleged lessee.

The petitioner seeks possession of a premises by virtue of an oral lease. It admits that it has never been in possession of the premises, but claims that an oral lease was negotiated and all the terms and conditions were agreed upon. Petitioner...

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