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860 NOSTRAND ASSOCIATES, LLC v. WF KOSHER FOOD DISTRIBUTORS LTD.

2008-1672 K C.

27 Misc.3d 16 (2010)

898 N.Y.S.2d 753

860 NOSTRAND ASSOCIATES, LLC, Respondent, v. WF KOSHER FOOD DISTRIBUTORS LTD., Appellant.

Supreme Court, Appellate Term, Second Department.

Decided January 29, 2010.

Attorney(s) appearing for the Case

Herzfeld & Rubin, P.C., New York City ( Peter J. Kurshan and Charles Crum of counsel), for appellant.

Eliezer B. Kraus , Brooklyn, for respondent.

PESCE, P.J., WESTON and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order, insofar as appealed from, is affirmed without costs.

In this commercial nonpayment proceeding, tenant, within the time prescribed for it to answer, served and filed a motion to dismiss the petition on the ground that the rent demand was defective. That motion, which was made returnable after the return date of the petition (cf. CPLR 406...

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