54 East 1st Street Owners Corp. v. Prune, LLC

OPINION OF THE COURT

Order, dated March 2, 2006, affirmed, with $10 costs.

Civil Court properly granted tenant’s dismissal motion, upon its determination that the notice of default which petitioner landlord purported to serve upon tenant was an ineffective predicate for this holdover summary proceeding. Paragraph 56 of the rider to the parties’ 1999 lease agreement requires all notices to be sent via certified or registered mail to tenant at the demised restaurant premises, with an additional copy sent to tenant’s named counsel (one George Dellapa, Esq.), and further provides that any…