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126 SPRUCE STREET, LLC v. CLUB CENTRAL, LLC

15 Misc.3d 538 (2007)

830 N.Y.S.2d 506

126 SPRUCE STREET, LLC, Petitioner, v. CLUB CENTRAL, LLC, Respondent.

District Court of Nassau County, First District.

February 16, 2007.

Attorney(s) appearing for the Case

Ezratty, Ezratty & Levine, LLP, Westbury, for respondent.

Kenneth J. Weinstein, Garden City, for petitioner.

OPINION OF THE COURT

SCOTT FAIRGRIEVE, J.

Petitioner 126 Spruce Street, LLC has commenced this nonpayment proceeding to recover the sum of $692,158.45 from respondent Club Central, LLC concerning the rental of the property located at 126 Spruce Street, Cedarhurst, New York.

Various motions have been made by the parties. Respondent moves to dismiss the petition pursuant to CPLR 3211 (a) (1), (7). Respondent claims that service of the notice of petition...

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