LANA ESTATES v. ENERGY CORP.


123 Misc.2d 324 (1984)

Lana Estates, Inc., Petitioner, v. National Energy Reduction Corp. et al., Respondents.

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

March 2, 1984


Attorney(s) appearing for the Case

Spengler, Carlson, Gubar, Brodsky & Frischling (Joseph H. Adams of counsel), for National Energy Reduction Corp., respondent. Henry A. Fisher for petitioner.


WILLIAM D. FRIEDMANN, J.

Can notice provisions as to location of service in a relevant lease document, supersede the statutory notice requirements of RPAPL 735? This question, as well as others, are raised in this commercial summary proceeding in which a default has already taken place by the landlord against the prime tenant. The prime tenant now challenges, at this traverse hearing, both personal and subject matter jurisdiction.

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