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200 E. 74 CORP. v. DALLAS

164 Misc.2d 417 (1995)

625 N.Y.S.2d 421

200 East 74 Corporation, Petitioner, v. Hunt Dallas et al., Respondents.

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

March 1, 1995

Attorney(s) appearing for the Case

MFY Legal Services, Inc., New York City (Wayne G. Hawley and Cynthia M. LaCapurcia of counsel), for respondents. Finkelstein, Borah, Schwartz, Altschuler & Goldstein, P. C., New York City (Lawrence S. Borah of counsel), for petitioner.

KIBBIE F. PAYNE, J.

This is a nonpayment summary proceeding. Petitioner is a cooperative apartment corporation and respondents are shareholder lessees of the corporation. Respondent, Colleen Straw-bridge, moves pursuant to CPLR 3211 (a) (2) for an order dismissing the petition on the grounds that (1) the three-day demand is defective because it contains a demand for attorney fees as additional rent and (2)...

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