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JENDOR INDUS v. HARVEST REST.

187 Misc.2d 293 (2000)

721 N.Y.S.2d 898

JENDOR INDUSTRIES, INC., Petitioner, v. HARVEST YEAR SEAFOOD RESTAURANT, INC., Respondent.

Civil Court, New York County.

November 6, 2000.

Attorney(s) appearing for the Case

Kramer Roth Rosenbaum, L. L. P., New York City, for respondent.

Donald Eng, New York City, for petitioner.

OPINION OF THE COURT

ROLANDO T. ACOSTA, J.

In this commercial holdover proceeding, respondent's motion to dismiss the petition requires the court to decide whether dismissal of a nonpayment petition is mandated where the rent demand notice, which was served by personal delivery, fails to specify a date certain by which the allegedly owed rent must be paid, and instead states that the tenant is required to pay...

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