State v. Mallette

Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered July 20, 1983 in Albany County, which inter alia, denied plaintiff’s cross motion for summary judgment. 11 The State of New York commenced this *907action to recover $2,800 in rent due from defendants for the use and occupancy of property which had belonged to defendants but which the State had appropriated. Defendants admit in their answer that the State appropriated the property on February 25, 1982, that they were served on December 14, 1981 with a rental notice from the State calling for rent of $350 per month…