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INDEX CONSTR v. CITY OF N.Y.

103 Misc.2d 16 (1980)

Index Construction Corp., Petitioner, v. City of New York, Respondent.

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

February 26, 1980.

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Robin Weiner of counsel), for respondent. Estroff & Silverman for petitioner.

HERMAN CAHN, J.

Respondent tenant City of New York moves to dismiss the petition on the ground that petitioner has failed to comply with the requirements of subdivision 1 of section 741 of the Real Property Actions and Proceedings Law (RPAPL). Specifically it is claimed that the petition failed to state "the interest of the petitioner in the premises".

The petition alleges that the petitioner was the...

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