Legal Opinion
Manhattan Embassy Co. v. Embassy Parking Corp.
Civil Court of the City of New York
Decided February 27, 1995PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Marcy Friedman, J.
This is a commercial holdover proceeding to recover possession of a parking garage. After a traverse hearing, the court holds that the prepetition notice of termination and the petition were properly served.
The facts of service are not in dispute. Both papers were served by delivery to a parking attendant at the garage, with follow-up mailings to the corporation. When the notice of termination was handed to the attendant, he let it drop to the floor and indicated to the process server that he did not want to accept service. When the petition was handed to…
2Cases cited9 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Fashion Page, Ltd. v. Zurich InsuranceNew York Court of Appeals · 1980
- McDonald v. Ames Supply Co.New York Court of Appeals · 1968
- Bossuk v. SteinbergNew York Court of Appeals · 1983
- Raschel v. RishNew York Court of Appeals · 1986
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Macerich Queens Ltd. Partnership v. M.I.E. Hospitality, Inc.Civil Court of the City of New York · 2002
- House of Bowery Corp. v. EnsleyCivil Court of the City of New York · 1999