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SALMAT PIZZA v. DEZZARA REST.

169 Misc.2d 216 (1996)

643 N.Y.S.2d 890

Salmat Pizza Enterprises, Inc., Petitioner, v. Dezzara Restaurant Corp., Respondent.

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

March 26, 1996

Attorney(s) appearing for the Case

Louis Venezia for respondent. Aronow & Aronow, P. C., for petitioner.

MICHAEL D. STALLMAN, J.

May the former owner of a business, the sublessor of the premises, maintain a summary proceeding against a buyer-sublessee based on nonpayment of rent, where the sublease deems the buyer's default on promissory notes a default under the sublease? Is such a document a sublease, or a mortgage requiring a foreclosure action?

FACTS

Petitioner entered into possession of...

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