Legal Opinion

126 Spruce Street, LLC v. Club Central, LLC

Nassau County District Court

Decided February 16, 2007PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Scott Fairgrieve, J.

Petitioner 126 Spruce Street, LLC has commenced this nonpayment proceeding to recover the sum of $692,158.45 from respondent Club Central, LLC concerning the rental of the property located at 126 Spruce Street, Cedarhurst, New York.

Various motions have been made by the parties. Respondent moves to dismiss the petition pursuant to CPLR 3211 (a) (1), (7). Respondent claims that service of the notice of petition and petition were served on or before January 3, 2007. Therefore, this proceeding, which was held on January 16, 2007, violated RPAPL 733 (1)…

2Cases cited3 opinions

  1. Goldman v. McCordCivil Court of the City of New York · 1983
  2. Stuyvesant Fuel Service Corp. v. 99-105 3rd Avenue Realty LLCCivil Court of the City of New York · 2002
  3. 50 E. 191st St. Assoc. v. GomezCivil Court of the City of New York · 1990

3Cited by1 opinion

  1. Nonhuman Rights Project, Inc. ex rel. Hercules v. StanleyNew York Supreme Court · 2015

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