WORLD CHALLENGE v. 39 FOOD


163 Misc.2d 1081 (1994)

623 N.Y.S.2d 498

World Challenge, Petitioner, v. 39 Food, Inc., Respondent.

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

September 2, 1994


Attorney(s) appearing for the Case

Jaffe, Segal & Ross for respondent. Lerner, Lapidus & Franquinha, P. C., for petitioner.


LOUIS B. YORK, J.

In this summary proceeding seeking to evict the respondent commercial tenant for nonpayment of rent, the respondent moves to dismiss while the petitioner seeks to have the respondent's affirmative defenses dismissed.

The petition alleges that petitioner purchased the building on September 30, 1993. At that time the seller assigned his rights to all unpaid rent due from respondent...

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