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F.W. WOOLWORTH CO. v. CTR. MORICHES ASSOCS. LTD. P'SHIP

175 A.D.2d 198 (1991)

F.W. Woolworth Co., Respondent, v. Center Moriches Associates Limited Partnership, Doing Business as Center Moriches Associates, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 15, 1991

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendants have failed to submit sufficient proof to establish a presumption that the plaintiff received a letter dated August 21, 1990, notifying it that it was in default in the payment of the rent (cf., Matter of Colonial Penn Ins. Co. v Ennab, 168 A.D.2d 494; Matter of Allstate Ins. Co. [Patrylo], 144 A.D.2d 243...

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