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CITY OF NY v. ENZO BIOCHEM

164 Misc.2d 918 (1995)

626 N.Y.S.2d 435

City of New York, Petitioner, v. Enzo Biochem, Inc., Respondent.

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

April 20, 1995

Attorney(s) appearing for the Case

Graubard Mollen Horowitz Pomeranz & Shapiro, New York City (John P. Sheridan of counsel), for respondent. Paul A. Crotty, Corporation Counsel of New York City (Robin Green of counsel), for petitioner.

NORMAN C. RYP, J.

A. ISSUE

Whether the "reasonable application" requirement of RPAPL 735 (1) incorporates the statutory mandates of "due diligence" of CPLR 308 (2) where corporate tenant never moves into demised premises due to asbestos removal cost issue and restricts eligible corporate representatives to be served with process in a summary proceeding to those specified in CPLR 311 (1)? A disturbing...

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