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Kantar Investment v. Giacchetto

Below is a lower court decision and the Appellate Term's decision thereon:

Kantar Investment v. Giacchetto
(App. Term 1st Dept. 10/5/2000)

Appellate Term upheld grant of summary judgment to sub-landlord in coop in residential holdover case where subtenant held over after expiration of sublease. Among other things, the court held that petitioner was not required to attempt personal service at tenant's place of business, located in the same building on a different floor, before resorting to conspicuous place service.  Link to Full Text of Decision

Kantar Investment v. Giacchetto
(Civ. Ct. N.Y. Cty. 7/29/99)

Sub-landlord in coop was granted summary judgment in residential holdover case where subtenant held over after expiration of sublease. Residential tenant's general affirmative defense based on lack of personal jurisdiction was struck because it was not based on any specific factual allegation. Landlord was permitted to amend petition to reflect that petitioner is a foreign corporation licensed to do business in New York. Individual apartment owners of an apartment/loft are not required to register a building as a multiple dwelling, nor plead the multiple dwelling status. A person who sublets a dwelling unit from a purchaser shall not be deemed a non-purchasing tenant. Link to Full Text of Decision

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