FERRO v. LAWRENCE

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.