Bronx Park South II Assoc. v. Aballe

OPINION OF THE COURT

Sidney Rosen, J.

Respondent moves to dismiss this holdover proceeding and alleges that the court does not have subject matter jurisdiction by virtue of the fact that the notice to quit served upon the respondent is defective.

Relying on the Court of Appeals decision in the case of Siegel v Kentucky Fried Chicken (67 NY2d 792) the respondent *756contends that the notice signed by Stewart Alpert, general partner, is inadequate. Counsel for respondent maintains that it was necessary to annex to the notice proof that petitioner is a partnership and that the signatory of the notice…