Legal Opinion

Ohday Realty Corp. v. Lupone

Civil Court of the City of New York

Decided April 11, 2002Published

1Opinion of the Court

OPINION OF THE COURT

Eileen N. Nadelson, J.

The tenants in this commercial holdover proceeding have moved for a summary judgment based on the following question of law: Whether it is fatal to the maintenance of a summary holdover proceeding if a notice of termination fails to include evidence of the authority of the signatory to act on behalf of the owner.

On August 20, 1991, the tenants and the landlord entered into a written lease agreement for the subject premises. The initial lease was extended by letter dated July 7, 1999 for a term ending on August 31, 2001. The tenants have remained in…

2Cases cited7 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Reeder v. . SayreNew York Court of Appeals · 1877
  3. Siegel v. Kentucky Fried Chicken of Long Island, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  4. Barstow Road Owners, Inc. v. BillingNassau County District Court · 1998
  5. Rita Knitting Mills, Inc. v. SeidlerCivil Court of the City of New York · 1963

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