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417 E. REALTY v. RYAN

110 Misc.2d 607 (1981)

417 East Realty Associates, Petitioner, v. Seward Ryan et al., Respondents.

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

August 19, 1981

Attorney(s) appearing for the Case

Thacher, Proffitt & Wood (Paul V. Nunes and Dwight B. Demeritt, Jr., of counsel), for respondents. Steinberg & Siegel (Samuel Steinberg of counsel), for petitioner.

JAY STUART DANKBERG, J.

To paraphrase the notorious Polly Adler: "when is a residential apartment not a residence?" This question is raised by a motion by respondent tenant for summary judgment, pursuant to CPLR 3212, dismissing this holdover summary proceeding upon the ground that service was not made pursuant to the dictates of RPAPL 735.

Neither counsels' nor the court's research has uncovered any reported decision concerning RPAPL service...

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