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ROCKAWAY v. DANCO CORP.

9 Misc.3d 210 (2005)

801 N.Y.S.2d 138

ROCKAWAY IMPROVEMENT, LLC, Petitioner, v. DANCO TRANSMISSION CORP. et al., Respondents.

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

June 17, 2005.

Attorney(s) appearing for the Case

Jeffrey H. Miller, Mineola, for Five Bay Realty Corporation, respondent.

Stern & Stern, Brooklyn, for petitioner.

Frederick Mehl, New York City, for Danco Transmission Corp. and another, respondents.

OPINION OF THE COURT

DELORES J. THOMAS, J.

Respondent Five Bay Realty Corporation moves this court for summary judgment dismissing this action against it as respondent on the basis that it was not named or served in the foreclosure proceeding in Supreme Court and therefore its rights to possession pursuant to an unexpired lease were not extinguished.

Petitioner opposes the motion arguing that Five Bay was dissolved by the Secretary of State for nonpayment...

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