902 ASSOCS. v. TOTAL PICTURE


144 Misc.2d 316 (1989)

902 Associates, Ltd., Appellant, v. Total Picture Creative Services, Inc., et al., Respondents.

Supreme Court, Appellate Term, First Department.

July 6, 1989


Attorney(s) appearing for the Case

Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C. (Sharyn Kaplan and Paul N. Gruber of counsel), for appellant. Jeffrey S. Ween & Associates (Jeffrey S. Ween of counsel), for respondents.

SANDIFER and McCOOE, JJ., concur; OSTRAU, P. J., dissents in a separate memorandum.


Per Curiam.

Order entered December 23, 1987 affirmed, with $10 costs.

The issue is whether compliance with Multiple Dwelling Law § 284 (1) must be pleaded and proven in order to successfully maintain a nonpayment proceeding against an occupant of an interim multiple dwelling. We hold that it must.

This nonpayment summary proceeding was brought upon a petition which alleges the status of the building...

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