41ST RKC v. SMALL COMPUTER


130 Misc.2d 231 (1985)

41st RKC Tribune Associates, Petitioner, v. Small Computer Co., Inc., Respondent.

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

November 18, 1985


Attorney(s) appearing for the Case

Zaslowski & Marx (Alan Marx of counsel), for petitioner. Fine & Stieglitz (Charles J. Fine of counsel), for respondent.


RICHARD S. LANE, J.

In these commercial nonpayment summary proceedings, the petition has been amended by consent to include rent through November 30, 1985. Rent through September 1985 has been paid without prejudice.

Petitioner's prima facie case is not controverted. The defense is actual partial eviction by denial of ingress and egress.

The facts pursuant to written stipulation are as follows:

1. Respondent occupies two rooms...

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