Legal Opinion

Bogatz v. Extra Touch International, Inc.

Civil Court of the City of New York

Decided March 3, 1999Published

1Opinion of the Court

OPINION OF THE COURT

Debra Silber, J.

In this commercial landlord/tenant summary proceeding, the court has been asked to decide whether a notice of termination *1030upon tenant’s default and failure to cure pursuant to a conditional limitation in the lease must be served as provided in RPAPL 735 when the lease provides that it may be served by certified mail at the demised premises. It is uncontroverted that termination of the tenancy pursuant to the terms of the lease requires service of an adequate notice. (Chinatown Apts, v Chu Cho Lam, 51 NY2d 786 [1980].) No complaint has been made as to the…

2Cases cited13 opinions

Chinatown Apartments, Inc. v. Chu Cho LamNew York Court of Appeals · 1980
Siegel v. Kentucky Fried Chicken of Long Island, Inc.New York Court of Appeals · 1986
Siegel v. Kentucky Fried Chicken of Long Island, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
Perrotta v. Western Regional Off-Track Betting Corp.Appellate Division of the Supreme Court of the State of New York · 1983
TSS-Seedman's, Inc. v. Elota Realty Co.New York Court of Appeals · 1988

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