Tompkins Park--St. Marks Associates v. Boz Boz II Enterprises, Ltd.

• Decision Date: 15 July 1998
• Docket Number: PARK--ST
• Citation: Tompkins Park--St. Marks Associates v. Boz Boz II Enterprises, Ltd., 679 N.Y.S.2d 236, 177 Misc.2d 949 (N.Y. App. Term 1998)
• Parties: , 1998 N.Y. Slip Op. 98,529 TOMPKINSMARKS ASSOCIATES, Appellant, v. BOZ BOZ II ENTERPRISES, LTD., Respondent.
• Court: New York Supreme Court — Appellate Term

Page 236

679 N.Y.S.2d 236

177 Misc.2d 949, 1998 N.Y. Slip Op. 98,529

TOMPKINS PARK--ST. MARKS ASSOCIATES, Appellant, v. BOZ BOZ II ENTERPRISES, LTD., Respondent.

Supreme Court, Appellate Term First Department.

July 15, 1998.

Borah, Goldstein, Altschuler & Schwartz, P.C., New York City (Paul N. Gruber, of counsel), for appellant.

Before PARNESS, P.J., and FREEDMAN and DAVIS, JJ.

PER CURIAM.

Order dated November 12, 1997 (Doris Ling-Cohan, J.) reversed, with $10 costs, tenant's motion to dismiss the nonpayment petition is denied, and the matter is remanded to the Civil Court for further proceedings.

The business nonpayment petition stated landlord's interest in the premises; stated tenant's interest and its relationship to landlord under a written rental agreement; accurately described the premises sought to be recovered; and set forth the amounts of the arrearages and periods for which they were due. In such form the petition complied with the pleading requirements of RPAPL § 741, and should not have been dismissed because it failed to state the date or terms of the parties' lease. This is not a case where there are material...