Siegel v. Kentucky Fried Chicken of Long Island, Inc.

Titone, J. P.

(dissenting). In this summary proceeding brought to recover possession of real property, the tenant appeals, by our leave, from an order of the Appellate Term, which reversed an order of the District Court of Nassau County, First District, dismissing the proceeding, and remitted it to the District Court for trial. The basic question is whether the notices to cure and to quit, a condition precedent to suit, are ineffective because they were sent by the attorney for the landlord. Although several nisi prius decisions have so held, I would reject them and affirm the order appealed…