In Reckson Operating Partnership, LP v. LJC Corporation 17 Misc 3d 138(A) (9th and 10th Jud Dists 2007) the tenant moved to dismiss the petition arguing that the landlord was required, under the terms of the lease, to serve a 10-day notice of default as a condition precedent to maintaining the proceeding, and that the landlord failed to do so.
Summary of this case from RPS Greenvale Rlty., LLC v. Rosa's of RoslynDecember 7, 2007.
Landlord and Tenant — Summary Proceedings.
In Reckson Operating Partnership, LP v. LJC Corporation 17 Misc 3d 138(A) (9th and 10th Jud Dists 2007) the tenant moved to dismiss the petition arguing that the landlord was required, under the terms of the lease, to serve a 10-day notice of default as a condition precedent to maintaining the proceeding, and that the landlord failed to do so.
Summary of this case from RPS Greenvale Rlty., LLC v. Rosa's of RoslynFull title:Reckson Operating Partnership, L.P. v. LJC Corp
Court:Appellate Term of the Supreme Court of New York, Second Department
Date published: Dec 7, 2007
When a nonpayment petition alleges the service of a statutory rent notice, the petition must state the manner…
RPS Greenvale Rlty., LLC v. Rosa's of RoslynRespondents also allege that even if the Five (5) Day Notice was not required, the Notice of Default and to…