1550 B'WAY ASSOC v. EL-PINE


96 Misc.2d 707 (1978)

1550 Broadway Associates, Petitioner, v. El-Pine Drinks, Inc., et al., Respondents.

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

September 21, 1978


Attorney(s) appearing for the Case

Finkelstein, Schwartz & Goldstein (Daniel Finkelstein of counsel), for El-Pine Drinks, Inc., respondent. Rubenstein & Sazer (Gary N. Sazer of counsel), for petitioner.


VINCENT M. McCONNELL, J.

Respondent tenant moves to dismiss the petition in this summary holdover proceeding for illegal use on the grounds that the petition is fatally defective pursuant to section 721 of the Real Property Actions and Proceedings Law. Petitioner landlord cross-moves to amend the petition nunc pro tunc and for summary judgment.

The court notes that although the caption is styled "1550 Broadway Associates, Petitioner," it...

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