Judge Scott Fairgrieve
In a commercial non-payment action, tenant Oak Street Check Cashing moved for dismissal of the petition arguing the court lacked jurisdiction. Tenant argued the contents and service of the predicate notice required under the parties’ lease were defective. Landlord Oak Plaza argued the summary proceeding was properly commenced. The court noted tenant’s reliance on ¶17 of the lease was misplaced and inapplicable here finding the commencement of a non-payment summary proceeding was not subject to this section of the lease. Further, the court found tenant’s allegation the predicate notice was defective due to landlord’s failure to fix a date certain for the expiration of the five day demand was also meritless. Tenant claimed the predicate notice was improperly served, but the court stated under Real Property Actions and Proceedings Law §735 service on the managing agent of tenant corporation constituted personal service on the corporation. As such, service of the predicate notice was sufficient. It also found the notice of petition and petition were personally delivered to another managing agent of tenant, which constituted personal service on the corporation, denying tenant’s motion.
