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  5. 64 N.Y.2d 623 (1984)
 

MATTER OF METRO. TRANSP. AUTH. v. COSMOPOLITAN AVIATION CORP.

64 N.Y.2d 623 (1984)

In the Matter of Metropolitan Transportation Authority, Respondent, v. Cosmopolitan Aviation Corporation, Appellant.

Court of Appeals of the State of New York.

Decided November 27, 1984.

Attorney(s) appearing for the Case

Paul Senzer and John P. Lomenzo for appellant.

M. William Munno for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Whether Cosmopolitan waived any defect in service of the notice of default under the lease by accepting the notice without objection and proceeding well into the trial before raising any claim of a defect (see Mann Theatres Corp. v Mid-Island Shopping Plaza Co., 62 N.Y.2d 930, affg

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