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DUN-DONNELLY PUBL'G CORP. v. KENVIC ASSOCS.

225 A.D.2d 373 (1996)

639 N.Y.S.2d 42

Dun-Donnelly Publishing Corporation, Respondent, v. Kenvic Associates, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 14, 1996

Plaintiff, the primary tenant of premises occupied by two subtenants, has withheld rent from defendant-landlord in a dispute over the amount due under the lease. In the context of the present declaratory judgment action, plaintiff contends that defendant may not bring a Civil Court summary non-payment proceeding to collect the rent allegedly due because plaintiff is not presently in physical possession of the premises. Although...

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