Legal Opinion

1274 51 Realty, LLC v. Gross

Civil Court of the City of New York

Decided April 19, 2007Published

1Opinion of the Court

OPINION OF THE COURT

Peter P. Sweeney, J.

*1056Petitioner commenced this licensee holdover proceeding pursuant to RPAPL 713 (7) by service of a notice of petition and petition after service of a notice to quit seeking possession of “All rooms located in the Basement space in the premises known as 1270 51st Street, Brooklyn, New York.” Respondents now move to dismiss the petition on the ground that the notice to quit was jurisdictionally defective. Petitioner cross-moves for summary judgment and for a severance of all claims for use and occupancy.

Petitioner’s submissions demonstrated that a notice to…

2Cases cited11 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Friends of Animals, Inc. v. Associated Fur Manufacturers, Inc.New York Court of Appeals · 1979
  3. Di Sabato v. SoffesAppellate Division of the Supreme Court of the State of New York · 1959
  4. Pajak v. PajakNew York Court of Appeals · 1982
  5. Spearmon v. Times Square Stores Corp.Appellate Division of the Supreme Court of the State of New York · 1983

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