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GMC v. CARTER-WALLACE, INC.

147 Misc.2d 21 (1990)

General Motors Corporation, Petitioner, v. Carter-Wallace, Inc., et al., Respondents.

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

April 2, 1990

Attorney(s) appearing for the Case

Rudes, Lax, Berkowitz & Mittman, P. C. (Morrell I. Berkowitz of counsel), for Carter-Wallace, Inc., respondent. Hutton Ingram Yuzek Gainen Carroll & Bertolotti (Daniel L. Carroll of counsel), for Smith Barney, Harris Upham & Co., Inc., respondent. Weil, Gotshal & Manges (Alan D. Zuckerbrod of counsel), for petitioner.

PETER TOM, J.

Respondent Carter-Wallace moves for an order dismissing the petition on various grounds. An interesting argument raised by respondent is whether the petition must be dismissed since the petitioner's order to show cause in lieu of a notice of petition made pursuant to RPAPL 733 (2) was signed by a Judicial Hearing Officer.

Petitioner, upon the termination of respondent's leasehold, commenced...

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