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FOUR STAR CO. v. ALEX FURS

153 Misc.2d 447 (1992)

Four Star Holding Co., Appellant, v. Alex Furs, Inc., Respondent.

Supreme Court, Appellate Term, First Department.

July 31, 1992

Attorney(s) appearing for the Case

Daley & Pollack, New York City (M. Teresa Daley of counsel), for appellant.

PARNESS, J. P., and MILLER, J., concur; McCOOE, J., concurs in a separate memorandum.

Per Curiam.

Order dated April 2, 1991 reversed, with $10 costs, tenant's motion to dismiss the petition is denied, and a new trial is ordered.

In this commercial nonpayment proceeding, the trial court granted tenant's motion to dismiss at the conclusion of landlord's prima facie case upon the ground that landlord had not proven a written demand for rent as required by the parties' lease. Paragraph 27 of that lease...

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