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54 EAST 1ST STREET OWNERS CORP. v. PRUNE, LLC

20 Misc.3d 54 (2008)

864 N.Y.S.2d 657

54 EAST 1ST STREET OWNERS CORP., Appellant, v. PRUNE, LLC, Respondent.

Supreme Court, Appellate Term, First Department.

June 16, 2008.

Attorney(s) appearing for the Case

Wagner Davis, P.C., New York City (Gerard Schiano-Strain and Bonnie Reid Berkow of counsel), for appellant.

Messinger, Flaster & Levitz, P.C., New York City (Lori Willis and Alan S. Flaster of counsel), for respondent.

McKEON, P.J., DAVIS and HEITLER, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order, dated March 2, 2006, affirmed, with $10 costs.

Civil Court properly granted tenant's dismissal motion, upon its determination that the notice of default which petitioner landlord purported to serve upon tenant was an ineffective predicate for this holdover summary proceeding. Paragraph 56 of the rider to the parties' 1999 lease agreement requires all notices...

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