Legal Opinion
Columbus Prop. Inc. v. I S K S Realty Corp.
Civil Court of the City of New York
Decided November 28, 1994PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Michael D. Stallman, J.
This motion to dismiss a commercial nonpayment summary proceeding requires analysis of the multiple mailing requirements for alternative service under RPAPL 735. Specifically, is the omission of a first-class mailing from the service, both of the three-day rent demand and the petition and notice of petition, a fatal defect? Does the inclusion of a return receipt not specifically required by statute vitiate a certified mailing?
According to his affidavit sworn to October 5, 1994, Bradford Mulder delivered a copy of the three-day rent demand to Rafael…
2Cases cited7 opinions
- Greene v. LindseySupreme Court of the United States · 1982
- Macchia v. RussoNew York Court of Appeals · 1986
- Raschel v. RishNew York Court of Appeals · 1986
- City of New York v. Chemical BankNew York Supreme Court · 1983
- Ilfin Co. v. Benec Industries, Inc.Civil Court of the City of New York · 1982
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3Cited by5 opinions
- Dolan v. LinnenCivil Court of the City of New York · 2003
- Rodelli v. McArthur's, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
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- Rolling Acres Mobile Home Park v. Pike, New York County Courts1998