Legal Opinion
545 West Co. v. Schachter
Civil Court of the City of New York
Decided May 21, 2007PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Joseph Capella, J.
This is a residential nonpayment proceeding in which the respondent alleges, by preanswer motion for dismissal,* that the written rent demand served by conspicuous place service with subsequent mailing is fatally defective. In particular, the respondent states that the language of the notice requiring payment of the rent owed “on or before the expiration of three (3) days from the service of this Notice” is unclear, equivocal, ambiguous and does not sufficiently particularize when he must tender payment in order to avoid a summary proceeding.
A nonpayment…
2Cases cited7 opinions
- Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
- Solack Estates, Inc. v. GoodmanAppellate Terms of the Supreme Court of New York · 1979
- Alexander Muss & Sons v. RozanyAppellate Terms of the Supreme Court of New York · 1996
- J.D. Realty Associates v. JorrinCivil Court of the City of New York · 1995
- J.D. Realty Assocs. v. ScoullarAppellate Terms of the Supreme Court of New York · 1996
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3Cited by1 opinion
- JDM Washington Street, LLC v. 90 Washington Rest. Associates, LLCCivil Court of the City of New York · 2012