Legal Opinion
First Federal Savings & Loan v. Souto
Civil Court of the City of New York
Decided March 9, 1994PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Kibbie F. Payne, J.
This is a summary holdover proceeding in which petitioner moves for an order requiring respondents to pay use and occupancy during the pendency of these proceedings. Respondent Souto opposes this motion and cross-moves to dismiss the petition on the grounds that the 10-day notice to quit is defective.
The court will first address the cross motion which is predicated upon a 10-day notice to quit, dated July 12, 1994. This notice, in pertinent part, reads as follows:
"please take notice: that the following described premises known as Apt. D801 at 250 Mercer…
2Cases cited4 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Opp Cotton Mills, Inc. v. Administrator of the Wage & Hour Division of the Department of LaborSupreme Court of the United States · 1941
- Rand Products Co. v. MintzAppellate Terms of the Supreme Court of New York · 1973
- Katz v. GrifaCivil Court of the City of New York · 1992
3Cited by2 opinions
- New York City Housing Authority v. WinklerAppellate Terms of the Supreme Court of New York · 1998
- 1274 51 Realty, LLC v. GrossCivil Court of the City of New York · 2007