Community Health Plan of Suffolk, Inc. v. Cooley

OPINION OF THE COURT

John A. Carroll, J.

This is a summary proceeding to recover real property pursuant to RPAPL 713 (7). Respondent now moves to dismiss the petition on the grounds that it is jurisdictionally defective and/or that a defense precluding the proceeding is founded upon documentary evidence.

RPAPL 713 (7) provides for summary proceedings in certain non-landlord-tenant situations where a 10-day notice to quit has been served in accordance with RPAPL 735. That section provides, inter alia, that service may be made upon a person of suitable age and discretion who either resides or is…