Section 232-a

Citation: Section 232-a
Parent Document: Waterbury Twin, LLC v. Renal Treatment Centers-Northeast, Inc., 974 A.2d 626 (2009)
Jurisdiction: Connecticut (state)
Effective Date: 2009-07-14
Original Source: https://www.courtlistener.com/opinion/1539908/waterbury-twin-llc-v-renal-trea... ↗

Full Text

1,158 chars

The majority also relies for its conclusion on case law from New York state. I disagree, however, with the majority’s determination that New York case law supports a conclusion that the plaintiffs in the present case were required to serve a second notice to quit *480prior to instituting a second summary process action. The cases relied on by the majority can be readily distinguished from the facts of the present case. In Nicolaides v. State Division of Housing & Community Renewal, 231 App. Div. 2d 723, 724, 647 N.Y.S.2d 866 (1996), Kayeee West 113th Street Corp. v. Diakoff, 160 App. Div. 2d 573, 554 N.Y.S.2d 216 (1990), and Haberman v. Wager, 73 Misc. 2d 732, 734, 342 N.Y.S.2d 405 (1973), the New York courts held, in brief opinions with little reasoning, that, after an initial summary process action instituted by a landlord had been dismissed by the trial court, the landlord was required to serve another notice to quit prior to instituting a second summary process action. These cases are clearly inapposite to the present case, where the plaintiffs voluntarily withdrew the initial summary process action, and the trial court took no action.3

Other Sections in This Document (118)

Full Text