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CHALFONTE v. STREATOR, INC.

142 Misc.2d 501 (1989)

Chalfonte Realty Corp., Petitioner, v. Streator, Inc., Doing Business as Cafe Luxembourg, Respondent.

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

February 2, 1989

Attorney(s) appearing for the Case

Rubin, Baum, Levin, Constant & Friedman (Paul H. Aloe of counsel), for respondent. Lindenbaum & Young, P. C. (Steven B. Sperber of counsel), for petitioner.

PETER TOM, J.

In this summary holdover proceeding, respondent moves to dismiss the petition on the ground that the notice of petition is jurisdictionally defective.

Respondent asserts that the notice of petition in substance and form appears to be a court mandate directing respondent to vacate the premises rather than give notice to respondent of the proceeding.

Petitioner contends that the notice of petition complies with section 208...

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