EVANS v. SCHNEIDER


183 Misc.2d 114 (1999)

701 N.Y.S.2d 869

SAMSON EVANS, Petitioner, v. RONALD G. SCHNEIDER, Respondent.

Civil Court, New York County.

December 15, 1999.


Attorney(s) appearing for the Case

Ronald G. Schneider, respondent pro se.

Kucker Kraus & Bruh, L. L. P. (Joshua C. Price of counsel), for petitioner.


OPINION OF THE COURT

DOUGLAS E. HOFFMAN, J.

Respondent Ronald G. Schneider's motion to dismiss this owner-occupancy summary holdover proceeding presents the court with an issue of apparent first impression: Whether the automatic stay provision of section 362 (a) of the Federal Bankruptcy Code (11 USC) voided petitioner Samson Evans' service upon respondent of the predicate 120- to 150-day notice of intention...

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