K.B.K. Huntington Corp. v. Country Cleaners

Via a non payment Notice of Petition dated July 12, 2006; K.B.K. Huntington Corp. (hereafter "landlord") seeks to recover a money judgment for $285,166.25 representing rent and additional rent, and a warrant of eviction against respondents Country Cleaners, Inc. (hereafter "Country Cleaners") and Thomas Giordano (hereafter "Giordano"). The respondents have moved for dismissal of the petition via application dated July 28, 2006. Petitioner has interposed written opposition dated August 9, 2006, to which the respondent filed a reply dated August 15, 2006. The Court reserved decision upon the respondents written application to dismiss together with several additional oral applications to dismiss which were interposed during the trial of the summary proceeding held August 17, 2006. To the extent that this decision fails to address any application presented at trial it is deemed denied.