Elul Realty Corp. v. Java New York Ltd.

OPINION OF THE COURT

Delores J. Thomas, J.

*337Respondent submits a motion seeking dismissal of this case on the grounds that petitioner failed to sufficiently describe the subject premises for which it seeks to recover possession pursuant to Real Property Actions and Proceedings Law § 741 (3). Petitioner opposes the motion.

Respondent argues that the petition is defective in that the premises are described in the petition as “No. part of the 2nd fir bet. Building A & B, at 14 Whale Square aka 14 53rd St., NY 11232” and such description is not specific enough “to allow the marshal when executing the…