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SPIRA v. SPIRATONE, INC.

148 Misc.2d 787 (1990)

S. Franklin Spira, Petitioner, v. Spiratone, Inc., et al., Respondents.

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

October 30, 1990

Attorney(s) appearing for the Case

Kahn & Horwitz, P. C., for Spiratone, Inc., respondent. Moss & Kalish for petitioner.

ROBERT CHARLES KOHM, J.

This is an action for a judgment pursuant to RPAPL 711 (5), whereby petitioner, S. Franklin Spira, seeks a final judgment terminating the lease and underlease and seeks a warrant to remove the respondents from the premises forthwith. Respondent, Spiratone, Inc., moves to dismiss the action based on petitioner's failure to serve a notice of termination as required by the lease governing...

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