PALUMBO v. ESTATE OF CLARK


94 Misc.2d 1 (1978)

Thomas J. Palumbo, Petitioner, v. Estate of John Clark, Doing Business as Father John's, Respondent.

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

March 30, 1978


Attorney(s) appearing for the Case

Allison & Kaufman (Alfred Greenberg of counsel), for petitioner. Massa & Massa (Raymond G. Massa of counsel), for respondent.


HERBERT SHAPIRO, J.

The question presented in this case appears to be a rather novel one and one not yet directly addressed in the decisional law. What burden must a party bringing on a summary proceeding to recover possession of real property sustain before he may employ the "conspicuous place" (nail and mail) method of service set forth in section 735 of the Real Property Actions and Proceedings Law?

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