Legal Opinion
JDM Washington Street, LLC v. 90 Washington Rest. Associates, LLC
Civil Court of the City of New York
Decided June 11, 2012PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Peter H. Moulton, J.
After presenting its prima facie case in this commercial nonpayment proceeding petitioner moved to conform its pleading to the proof adduced at trial and then rested. The primary purpose of the motion to conform was to seek rent that has accrued since service of the predicate notice.
Respondent opposed the motion to conform and moved to dismiss the petition. The parties submitted letter briefs on these issues. The court now grants respondent’s motion to dismiss on the basis of the defective rent demand.
A. Amendment of the Petition
Respondent first argues…
2Cases cited6 opinions
- Chinatown Apartments, Inc. v. Chu Cho LamNew York Court of Appeals · 1980
- Ford v. MartinoAppellate Division of the Supreme Court of the State of New York · 2001
- Walsam Fifth Avenue Development Co. v. Lions Gate Capital Corp.Civil Court of the City of New York · 1995
- PAK Realty Associates v. RE/MAX Universal, Inc.Civil Court of the City of New York · 1993
- RCPI Landmark v. Chasm Lake Management Services, LLCCivil Court of the City of New York · 2011
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3Cited by2 opinions
- 36 Main Realty Corp. v. Wang Law Office, PLLCAppellate Terms of the Supreme Court of New York · 2015
- Ung 3 Realty, LLC v. Passerine LLC, Civil Court Of The City Of New York, New York County2025