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EMPIRE BLDG. v. PROGRESSIVE

2 Misc.3d 545 (2003)

769 N.Y.S.2d 691

EMPIRE STATE BUILDING COMPANY, LLC, Petitioner, v. PROGRESSIVE CATERING SERVICES, INC., Doing Business as BIG APPLE DINER, Respondent.

Civil Court of the City of New York, New York County.

September 19, 2003.

Attorney(s) appearing for the Case

Laurence Reinlieb, New York City, for respondent.

Duane Morris LLP, New York City (Francine Nisim of counsel), for petitioner.

OPINION OF THE COURT

PAUL G. FEINMAN, J.

In this commercial nonpayment summary proceeding, respondent moves to dismiss pursuant to CPLR 3211 (a) (1), (7) and (8). It argues there was not a proper demand for rent pursuant to RPAPL 711 (2), and that the notice to cure and the notice of petition and petition fail to adequately describe the premises pursuant to RPAPL 741 (3). For the reasons stated below, the...

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