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W. 79TH ST ASSOCS v. LEMI

141 Misc.2d 830 (1988)

West Seventy-Ninth Street Associates, Petitioner, v. Lemi, Inc., Doing Business as Copper Hatch II, et al., Respondents.

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

November 17, 1988

Attorney(s) appearing for the Case

Kucker, Kraus & Bruh for petitioner. Steven L. Levitt, P. C., for Lemi, Inc., respondent.

RICHARD S. LANE, J.

In this commercial nonpayment summary proceeding, petitioner moves to strike the first affirmative defense of lack of subject matter jurisdiction, the counterclaims, and the jury demand.

The first affirmative defense despite language does not concern subject matter jurisdiction, but rather whether the required demand for rent has been made (RPAPL 711 [2]). The required demand may...

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