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31 W. 21ST ST. v. UNUSUAL, INC.

125 Misc.2d 661 (1984)

31 West 21st Street Associates, Petitioner, v. Evening of the Unusual, Inc., Respondent.

Civil Court of the City of New York, New York County.

July 16, 1984

Attorney(s) appearing for the Case

Shapiro, Spiegel, Garfunkel, Rubin & Driggin (Edward Rubin and Kenneth Isaacson of counsel), for petitioner. William Lewis Wexler for respondent.

DAVID B. SAXE, J.

I. INTRODUCTION

The petitioner, owner of commercial premises located at 31 West 21st Street in New York City has brought this summary proceeding under RPAPL 711 (subd 5) against the respondent tenant, Evening of the Unusual, Inc. The lease between the parties states that the respondent may use the premises "for any lawful purpose".

RPAPL 711 (subd 5) states in relevant part:

"A special proceeding may be maintained...

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