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... ↗

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In New York, as in Connecticut, service of a notice to quit is a jurisdictional prerequisite to a summary process action. See, e.g., Kaycee West 113th Street Corp. v. Diakoff, 160 App. Div.2d 573,554 N.Y.S.2d 216 (1990). In the seminal case on this issue, the court concluded that, once a summary process action had been dismissed, the applicable statute; N.Y. Real Prop. Law § 232-a (McKinney 2006);[15] "requires the tenant to be informed of the landlord's intention by service of a new notice. Without a new notice, any subsequent summary proceeding must be dismissed." Haberman v. Wager, 73 Misc.2d 732, 734, 342 N.Y.S.2d 405 (1973). In so concluding, the court noted that the notice to quit has two functions, namely, to "[end] the tenant's estate, and [to inform] him of the consequence of his failure to vacate. Because of the latter feature ... the [l]egislature did not intend a ... notice to be good forever." Id., at 733, 342 N.Y.S.2d 405. The court also noted that, following the dismissal of the first summary process action, "the tenant was entitled to a certain peace of mind. The landlord had done what in the notice he had threatened to do. He had lost. Perhaps now the landlord would lose interest in evicting the tenant. Perhaps the landlord would come to the tenant with an offer of compromise. Perhaps the landlord would be unable to cure the technical deficiencies which led to the dismissal of the first petition. All of these are things a tenant might reasonably hope."[16] Id., at *634 734, 342 N.Y.S.2d 405; see also Nicolaides v. Division of Housing & Community Renewal, 231 App. Div.2d 723, 724, 647 N.Y.S.2d 866 (1996) ("[i]t is well settled that a notice of nonrenewal of a rent stabilized lease does not survive the dismissal of the first holdover action and cannot serve as the predicate for a second proceeding in a new forum"); Kaycee West 113th Street Corp. v. Diakoff, supra, 160 A.D.2d 573, 554 N.Y.S.2d 216 ("Since the Civil Court action was dismissed, the [thirty day] notice upon which it was predicated cannot be revived to support a new action.... Before the landlord commenced the new action ... service of a new [thirty day] notice was required." [Citations omitted.]).

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