State v. North Shore Energy Saver, Inc.

— Appeal from an order of the Supreme Court at Special Term (Klein, J.), entered December 16, 1983 in Albany County, which granted defendant’s motion to dismiss the complaint. II The State appropriated portions of defendant’s property on November 6,1980 and again on July 28,1981. Defendant, however, remained in possession. In August, 1981, the State served upon defendant a “rental notice” demanding payment of $225 per month, that being the amount claimed by the State to be the fair rental value of the occupied premises. On November 4, 1981, the State commenced a summary proceeding, pursuant…