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OHDAY REALTY CORP. v. LUPONE

192 Misc.2d 317 (2002)

746 N.Y.S.2d 233

OHDAY REALTY CORP., Petitioner, v. ROBERT LUPONE et al., Respondents.

Civil Court, New York County.

April 11, 2002.

Attorney(s) appearing for the Case

Kramer Roth & Rosenbaum (Jeffrey H. Roth of counsel), for respondents.

Anthony F. LeCrichia for petitioner.

OPINION OF THE COURT

EILEEN N. NADELSON, J.

The tenants in this commercial holdover proceeding have moved for a summary judgment based on the following question of law: Whether it is fatal to the maintenance of a summary holdover proceeding if a notice of termination fails to include evidence of the authority of the signatory to act on behalf of the owner.

On August 20, 1991, the tenants and the landlord entered into a written lease agreement for...

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