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CLEMONS MGT. v. QUICK COPIES

164 Misc.2d 144 (1995)

623 N.Y.S.2d 498

Clemons Management Corp., Petitioner, v. Quick Quality Copies, Inc., et al., Respondents.

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

February 22, 1995

Attorney(s) appearing for the Case

Feldman, Delio, Verner & Wachtel, P. C., New York City (Gary Wachtel of counsel), for respondents. Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C., New York City (Robert Silversmith of counsel), for petitioners.

RICHARD F. BRAUN, J.

This is a summary proceeding for nonpayment of rent. The subject premises is commercial.

Respondent (tenant) moves for summary judgment dismissing this proceeding due to an allegedly defective written rent demand notice, served pursuant to RPAPL 711 (2). The Appellate Term, First Department, has held that such a notice is subject matter jurisdictional (1766-68 Assocs. v Perrier...

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