AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

OWALDO FERRO, Appellant, v. SONIA LAWRENCE, Respondent.

MEMORANDUM.

Order unanimously affirmed without costs.

A landlord's attorney/agent is not a person authorized to initiate a summary proceeding in his or her own name, a defect that is not cured by captioning the proceeding in the name of a proper party in interest (RPAPL 721; Key Bank of N.Y. v Becker, 88 N.Y.2d 899, 900; Whelan v Veltre, NYLJ, Feb. 11, 2002 [App Term, 9th 10th Jud Dists]; cf. RPAPL 741). Moreover, landlord's April 4, 2002 termination notice (Real Property Law ¶ 232-b), purporting to terminate the tenancy as of the 6th of the following month, was a nullity in that it failed to terminate the tenancy on its renewal date, the first day of a calendar month following a notice served "at least one month before the expiration of the term" (Real Property Law § 232-b; see Orienta Gardens Co. v Pergola, NYLJ, Nov. 10, 1988 [App Term, 9th 10th Jud Dists]; Hunt v. Hart, 188 Misc. 534; 2 Dolan, Rasch's Landlord and Tenant — Summary Proceedings ¶ 30:54, at 460-461, 461 n 198 [4th ed]).

FLOYD, P.J., DOYLE and WINICK, JJ., concur.

Use AI to get other relevant cases.

Comments

FERRO v. LAWRENCE
(Dec 12, 2002)