Legal Opinion

Ilfin Co. v. Benec Industries, Inc.

Civil Court of the City of New York

Decided June 17, 1982PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

David B. Saxe, J.

The issue of apparent first impression that I must resolve on this traverse is whether service of process under RPAPL 735 is properly effected against one cotenant of commercial premises by service of the petition and notice of petition upon an employee of another cotenant at the same premises?

Three cotenants share an office suite at 300 Park Avenue. Two of the tenants are lawyers engaged in separate practices; the third cotenant is a business (Benec Industries, Inc.).

Two of the cotenants, Benec Industries, Inc., and attorney Feerst were properly served.…

2Cases cited4 opinions

  1. Fashion Page, Ltd. v. Zurich InsuranceNew York Court of Appeals · 1980
  2. Oxhandler v. SekharAppellate Division of the Supreme Court of the State of New York · 1982
  3. 417 East Realty Associates v. RyanCivil Court of the City of New York · 1981
  4. F.I. DuPont, Glore Forgan & Co. v. ChenAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by9 opinions

  1. City of New York v. Chemical BankNew York Supreme Court · 1983
  2. 50 Court Street Associates v. Mendelson & MendelsonCivil Court of the City of New York · 1991
  3. City of New York v. Wall Street Racquet Club, Inc.Civil Court of the City of New York · 1987
  4. Columbus Prop. Inc. v. I S K S Realty Corp.Civil Court of the City of New York · 1994
  5. Manhattan Embassy Co. v. Embassy Parking Corp.Civil Court of the City of New York · 1995

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