Jendor Industries, Inc. v. Harvest Year Seafood Restaurant, Inc.

OPINION OF THE COURT

Rolando T. Acosta, J.

In this commercial holdover proceeding, respondent’s motion to dismiss the petition requires the court to decide whether dismissal of a nonpayment petition is mandated where the rent demand notice, which was served by personal delivery, fails to specify a date certain by which the allegedly owed rent must be paid, and instead states that the tenant is required to *294pay the rent “on or before the expiration of three days after service of this notice.”

The Contentions of the Parties

Respondent moves for an order dismissing the petition upon the ground that…