Tower Properties, Inc. v. Castro

OPINION OF THE COURT

Harry Edelstein, J.

In this summary proceeding based upon an alleged holdover, the respondent has moved for an order vacating petitioner’s statement of readiness and note of issue and striking this case from the Trial Calendar on the ground that petitioner has not furnished a bill of particulars which was demanded pursuant to CPLR 3041.

Petitioner opposes the motion contending that there is no provision in the Real Property Actions and Proceedings Law or CPLR permitting respondent to demand a bill of particulars in a special proceeding. Petitioner has, however, furnished a…