COLUMBUS PROP. v. ISKS REALTY


163 Misc.2d 446 (1994)

621 N.Y.S.2d 277

Columbus Prop. Inc., Petitioner, v. I S K S Realty Corp., Respondent.

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

November 28, 1994


Attorney(s) appearing for the Case

Haight, Gardner, Poor & Havens for petitioner. Finkelstein, Borah, Schwartz, Altshuler & Goldstein, P. C., for respondent.


MICHAEL D. STALLMAN, J.

This motion to dismiss a commercial nonpayment summary proceeding requires analysis of the multiple mailing requirements for alternative service under RPAPL 735. Specifically, is the omission of a first-class mailing from the service, both of the three-day rent demand and the petition and notice of petition, a fatal defect? Does the inclusion of a return receipt not specifically required...

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