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PLAZA 400 CORP. v. RESNICOFF

168 Misc.2d 837 (1996)

640 N.Y.S.2d 984

Plaza 400 Owners Corp., Plaintiff, v. Donald Resnicoff, Defendant.

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

March 18, 1996

Attorney(s) appearing for the Case

Stroock & Stroock & Lavan (Jeffrey H. Roth of counsel), for plaintiff. Eric A. Klein for defendant.

MICHAEL D. STALLMAN, J.

Does short service require denial of an interlocutory motion? Is short service of a motion for summary judgment in lieu of complaint a jurisdictional defect? Is CPLR 3213 relief available on a guarantee of monetary and nonmonetary lease obligations?

FACTS

Plaintiff cooperative corporation sues defendant, the father of a shareholder-proprietary lessee, for unpaid maintenance...

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