ILFIN CO. v. BENEC INDS.


114 Misc.2d 411 (1982)

Ilfin Company, Inc., Petitioner, v. Benec Industries, Inc., et al., Respondents.

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

June 17, 1982


Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C. (Dennis Paul Elkin and Burton Ross of counsel), for Benec Industries, respondent. Barry R. Feerst for Robert Race, respondent. Lindenbaum & Young, P. C. (Steven B. Sperber of counsel), for petitioner.


DAVID B. SAXE, J.

The issue of apparent first impression that I must resolve on this traverse is whether service of process under RPAPL 735 is properly effected against one cotenant of commercial premises by service of the petition and notice of petition upon an employee of another cotenant at the same premises?

Three cotenants share an office suite at 300 Park Avenue. Two of the tenants are lawyers engaged in separate practices; the third cotenant...

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