WHITE ANGEL v. ASIAN BROS.


183 Misc.2d 674 (2000)

706 N.Y.S.2d 583

WHITE ANGEL REALTY, Petitioner, v. ASIAN BROS. CORP., Respondent.

District Court of Nassau County, First District.

February 10, 2000.


Attorney(s) appearing for the Case

Michael R. Morrissey, Carle Place, for petitioner.

Daniel L. Feldman, Flushing, for respondent.


OPINION OF THE COURT

KENNETH L. GARTNER, J.

This commercial summary holdover proceeding raises a novel issue: Whether, in assessing the sufficiency of a notice of default served as a necessary predicate for termination of a commercial lease, the court is bound to look no farther than the four corners of the writing, or can consider proof extrinsic to the notice itself.

The respondent tenant operates a restaurant located in a Levittown strip mall...

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