Katz 737 Corp. v. Shapiro

OPINION OF THE COURT

Ira Gammerman, J.

In this summary proceeding, petitioner and respondent hotly contest the issue of paramount rights to a closet. Both *128have moved for summary judgment.

Petitioner commenced the proceeding pursuant to RPAPL 713 (subd 7) to terminate respondent’s alleged license to use a large closet in the service hallway of petitioner’s premises, adjacent to respondent’s penthouse apartment. Conspicuous service was affected by affixing a copy of the petition and notice of petition to the closet door and mailing a copy to respondent’s residential address. The court finds this…