Garewal v. McGuckin

OPINION OF THE COURT

John W. Fried, J.

This is a summary proceeding to recover possession of real property, pursuant to Real Property Actions and Proceedings Law § 721 (3), by a purchaser of a condominium unit following a mortgage foreclosure sale. The real property is located at xx-x Steven Drive in the Town of Ossining (the premises).

Respondent has moved to dismiss the petition, pursuant to CPLR 404 (a), on the grounds that, as a matter of law, instead of having served respondent with a 10-day notice to quit, pursuant to RPAPL 713 (5), petitioner should have served respondent with the notice…