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161 WILLIAMS v. COFFEE

122 Misc.2d 37 (1983)

161 Williams Associates, Petitioner, v. Wanda Coffee, Respondent. 161 Williams Associates, Petitioner, v. Dan Serro-Boin, Respondent. 161 Williams Associates, Petitioner, v. Ruth Roosevelt, Respondent. 161 Williams Associates, Petitioner, v. Carl Friedberg et al., Respondents.

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

December 16, 1983

Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C. (Daniel Finkelstein of counsel), for petitioner. Fischbein Olivieri Rozenholc & Badillo (David R. Brody of counsel), for respondents.

LEWIS R. FRIEDMAN, J.

These four cases present an unusual question of the law of service of process under RPAPL 735 (subd 1): what does the phrase "a conspicuous part of the property sought to be recovered" mean?

The facts, as the court has found them, are relatively simple. The building currently consists of several loft tenants each of whom occupies an entire floor. The elevator to three of the floors...

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