Legal Opinion
ATM One, L. L. C. v. Landaverde
Appellate Terms of the Supreme Court of New York
Decided October 26, 2001PublishedCited by 6 opinions
1Opinion of the Court
*77OPINION OF THE COURT
Memorandum.
We disagree with the District Court insofar as it applied CPLR 2103 (b) (2), which adds 5 days when service is by mail to certain prescribed periods, to the 10-day period prescribed by Emergency Tenant Protection Regulations (9 NYCRR) § 2504.1 (d) (1) for service of a notice to cure. CPLR 2103 (b) (2) applies only to “papers to be served * * * in a pending action,” and, therefore, by its terms, is inapplicable to a notice to cure, which is served before the commencement of a proceeding (Trustees of Columbia Univ. v Bruncati, 77 Misc 2d 547, affd without opn 46…
2Cases cited5 opinions
- Fiedelman v. New York State Department of HealthNew York Court of Appeals · 1983
- Lewis v. Clothes Shack, Inc.Appellate Terms of the Supreme Court of New York · 1971
- NL Industries, Inc. v. PaineWebber Inc.District Court, S.D. New York · 1989
- Grabino v. Howard Stores Corp.Civil Court of the City of New York · 1981
- Trustees of Columbia University v. BruncatiAppellate Terms of the Supreme Court of New York · 1974
3Cited by6 opinions
- ATM One, LLC v. LandaverdeNew York Court of Appeals · 2004
- ATM One v. LandaverdeAppellate Division of the Supreme Court of the State of New York · 2003
- Howard Town Center Developer, LLC v. Howard UniversityDistrict Court, District of Columbia · 2013
- D&R Realty Corp. v. BlakelyCivil Court of the City of New York · 2005
- 2215-75 Cruger Apartments, Inc. v. StovelAppellate Terms of the Supreme Court of New York · 2003
1 more not listed; retrieve them via the Exa API.