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MORRIS v. LOCAL 804

116 Misc.2d 234 (1982)

Max Morris et al., Doing Business as M & L Associates, Petitioners, v. Local 804 Delivery and Warehouse Employees Health and Welfare Fund, Respondent.

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

October 21, 1982

Attorney(s) appearing for the Case

Bert H. Nisonoff for petitioner. Proskauer, Rose, Goetz & Mendelsohn for respondent.

WILLIAM D. FRIEDMANN, J.

A motion to dismiss is considered in the context of a summary nonpayment proceeding. Landlord sought to recover unpaid rent, under a prior terminated lease, for the period February 1, 1981 to November 1, 1981. There was no allegation that tenant was in default under its current lease.

CONTENTIONS OF PARTIES

In support of its motion to dismiss tenant contends, that the petition, among other grounds, does not give...

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