Legal Opinion
Montgomery Trading Co. v. Cho
Civil Court of the City of New York
Decided July 23, 2002Published
1Opinion of the Court
OPINION OF THE COURT
Doris Ling-Cohan, J.
Petitioner commenced this holdover proceeding against respondents John and Julie Cho to recover commercial premises located at 931 Eighth Avenue, New York, New York. Petitioner allegedly terminated respondents’ lease pursuant to paragraph 9 of the lease which permits the petitioner to terminate the lease in the event that a fire renders the premises wholly unusable.
*469Respondents have moved for an order pursuant to CPLR 3211 (a) (7) dismissing the petition on the grounds that the petition fails to state the facts upon which the special proceeding is based.…
2Cases cited6 opinions
- Common Council of Gloversville v. Town Board of Town of JohnstownAppellate Division of the Supreme Court of the State of New York · 1989
- Tamburo v. P & C Food Markets, Inc.Appellate Division of the Supreme Court of the State of New York · 1971
- Union Hospital v. HenryCivil Court of the City of New York · 1986
- Chalfonte Realty Corp. v. Streator, Inc.Civil Court of the City of New York · 1989
- Lincoln Plaza Tenants Corp. v. DinkinsAppellate Division of the Supreme Court of the State of New York · 1991
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