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PROMINENCE REALTY CORP. v. MAL RESTAURANT, INC.

No. 82 Civ. 2078 (JES).

538 F.Supp. 1180 (1982)

PROMINENCE REALTY CORP., Plaintiff/Respondent, v. MAL RESTAURANT, INC., Defendant/Petitioner.

United States District Court, S. D. New York.

May 18, 1982.

Attorney(s) appearing for the Case

Sidamon-Eristoff, Morrison, Warren, Ecker & Schwartz, New York City, for plaintiff/respondent; Michael A. Schwartz, New York City, of counsel.

David Rozenholc, New York City, for defendant/petitioner; Kenneth Schwarz, New York City, of counsel.

OPINION AND ORDER

SPRIZZO, District Judge:

Plaintiff-respondent, Prominence Realty Corp. ("Prominence") commenced a summary proceeding pursuant to Article 7 of the New York Real Property Actions & Proceedings Law1 in the Civil Court of the City of New York, County of New York, seeking to evict defendant-petitioner, Mal Restaurant, Inc. ("Mal"), a commercial tenant, for non-payment of rent. Mal filed a

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