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LENOX APTS v. CMTY.

135 Misc.2d 628 (1987)

410 Lenox Ave. Apts., Inc., Petitioner, v. Community Ii Supermarket, Inc., Respondent.

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

May 19, 1987

Attorney(s) appearing for the Case

Penn, Fromme, Silberman (Eric Fromme of counsel), for petitioner. Ralph Accoo for respondent.

MARSHALL C. BERGER, J.

Petitioner instituted this holdover proceeding alleging the lease was terminated for tenant's failure to cure a violation of the lease after receiving a notice to cure it, namely, "the subject premises are being used for purposes other than as a grocery store and place of storage of food, merchandise and equipment". In its bill of particulars, petitioner alleged that "a gambling operation...

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