Weiss-Newell (87 Misc 2d 558 [Civ Ct, NY County 1976]), for
the proposition that
‘‘[a] proper demand for rent must fairly afford the
tenant, at least, actual notice of the alleged amount
due and of the period for which such claim is made.
At a minimum, the landlord or his agent should
clearly inform the tenant of the particular period
for which a rent payment is allegedly in default
and of the approximate good faith sum of rent as-
sertedly due for each such period’’ (46 AD3d at 311).
In Westhampton Cabins & Cabanas, the Court cited Weiss-
Newell among other authorities in approving a notice that ‘‘ap-
prised the [tenant] that it owed the landlord certain sums of
money [and] specified the amount due for fixed and additional
assessments of rent as of a certain date’’ (62 AD3d at 988).
The notices in these commercial holdover proceedings are
analogous to the notice of nonrenewal in the instant case
RP WIMBLEDON, LLC v CHISHOLM [86 Misc 3d 1075] 1079
insofar as both notices are necessary predicates for eviction
proceedings but contemplate the possibility of cure. Indeed,
GCEL is explicit on this point. Real Property Law § 216 (3)
notes that nothing in the section ‘‘shall abrogate or limit the
tenant’s right pursuant to [RPAPL 751] to permanently stay
the issuance or execution of a warrant or eviction in a sum-
mary proceeding, whether characterized as a nonpayment, ob-
jectionable tenancy, or holdover proceeding, the underlying
basis of which is the nonpayment of rent.’’ RPAPL 751 (1) al-
lows a tenant holding over after nonpayment to obtain an
automatic and indefinite stay of eviction upon depositing with
the court clerk the rent due before issuance of a warrant. Ad-
ditionally, courts have observed that any contractual provision