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S FERRY CO v. 44 WALL ST FUND

142 Misc.2d 54 (1988)

South Ferry Building Co., Petitioner, v. 44 Wall Street Fund, Inc., Respondent.

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

November 4, 1988

Attorney(s) appearing for the Case

Tenzer, Greenblatt, Fallon & Kaplan (Michael S. Simon of counsel), for petitioner. Ruffen H. Cotton, Jr., for respondent.

ROBERT D. LIPPMANN, J.

In this holdover proceeding petitioner seeks use and occupancy for the period beginning December 15, 1987 through October 1988 and for the pendency period of the proceeding. Respondent opposes on the ground that the court lacks subject matter jurisdiction.

The following facts are uncontradicted. On September 19, 1983 respondent executed two leases for the subject premises at One State Street Plaza, Manhattan, one lease running...

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