Notices sent to tenants are an integral part of landlord-tenant law. There are numerous kinds of notices, with notices to cure and notices of termination being among the most common. Deficiencies in the content of such notices, and in how they were served, can be fatal to a summary proceeding. This article focuses on cases where deficiencies have been found. We also discuss a particular situation where leave of court is required to bring the proceeding. Our goal is to make practitioners alert to some of the myriad details that need to be considered in laying the groundwork for, and in litigating, summary proceedings.
Improper Service
In Perry v. Perry,1 the Civil Court, Richmond County (Orlando Marrazzo, J.) dismissed the petition after a traverse hearing. The court held that the petitioner had failed to establish by a preponderance of credible evidence that service of the predicate 30-day notice of termination was properly made. The service at issue was conspicuous place service.
