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COBBLE v. INTERIOR DESIGN

4 Misc.3d 987 (2004)

782 N.Y.S.2d 600

COBBLE HILLBILLIES, LLC, Petitioner, v. INTERIOR DESIGN et al., Respondents.

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

September 1, 2004.

Attorney(s) appearing for the Case

Sperber Denenberg & Kahan, P.C., New York City (Steven Sperber of counsel), for petitioner.

OPINION OF THE COURT

ELLEN GESMER, J.

At the inquest of this commercial holdover case, petitioner's counsel contended that he should be permitted to prove service of the 30-day notice by submission of the process server's affidavit of service. The court rejects this argument, since the affidavit does not come within any exception to the hearsay rule nor does it state facts of which the court may take judicial notice...

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