Legal Opinion
Empire State Building Co. v. Progressive Catering Services, Inc.
Civil Court of the City of New York
Decided September 19, 2003PublishedCited by 2 opinions
1Opinion of the Court
*546OPINION OF THE COURT
Paul G. Feinman, J.
In this commercial nonpayment summary proceeding, respondent moves to dismiss pursuant to CPLR 3211 (a) (1), (7) and (8). It argues there was not a proper demand for rent pursuant to RPAPL 711 (2), and that the notice to cure and the notice of petition and petition fail to adequately describe the premises pursuant to RPAPL 741 (3). For the reasons stated below, the notice of petition and petition fail to adequately describe the premises and respondent’s motion is granted.
The Notice to Cure
The notice to cure, dated June 18, 2003, is issued on the…
2Cases cited4 opinions
- Cucinotta v. Saljon Enterprises, Ltd.Civil Court of the City of New York · 1988
- Zirinsky v. Violet Mills, Inc.Civil Court of the City of New York · 1991
- City of New York v. MortelAppellate Terms of the Supreme Court of New York · 1994
- City of New York v. MortelCivil Court of the City of New York · 1992
3Cited by2 opinions
- 272 Sherman, LLC v. VasquezCivil Court of the City of New York · 2004
- Elul Realty Corp. v. Java New York Ltd.New York Supreme Court · 2006