K.N.W. Associates v. Parish

Petitioner moves for an order awarding it past and future use and occupancy. Respondent cross moves to quash a subpoena and dismiss because proof of service was not filed timely and the 10 Day Notice contains alternative grounds. Petitioner responded with a motion to file the affidavit of service nunc pro tunc and for summary judgment. Based on the Notice of Motion (1), Notice of Cross Motion (2), Notice of Motion for Leave to File (3), and the Affirmation by respondents counsel (4), the Court decides as follows.