Spira v. Spiratone, Inc.

OPINION OF THE COURT

Robert Charles Kohm, J.

This is an action for a judgment pursuant to RPAPL 711 (5), whereby petitioner, S. Franklin Spira, seeks a final judgment terminating the lease and underlease and seeks a warrant to remove the respondents from the premises forthwith. Respondent, Spiratone, Inc., moves to dismiss the action based on *788petitioner’s failure to serve a notice of termination as required by the lease governing the premises.

Petitioner, S. Franklin Spira, is the owner and landlord of the premises in question, which are located at 135-06 Northern Boulevard, Flushing, New York.…