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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Moreover, the New York courts have recognized the practical value of this bright line rule, even in cases wherein the time lapse between the two summary process actions is minimal, noting that "in matters procedural ... a rule of certainty is preferable to deciding on an ad hoc basis in each case whether the lapse between the two proceedings is reasonable or unreasonable." Fromme v. Simsarian, 121 Misc.2d 792, 794, 468 N.Y.S.2d 990 (1983); see also Colavolpe v. Williams, 77 Misc.2d 430, 431, 354 N.Y.S.2d 309 (1974) ("Without a new [thirty day] notice, a subsequent summary proceeding must fail. It was not intended that the [thirty day] notice could hang like the sword of Damocles over the head of the tenant, to be used at some future date, at the whim of the landlord. Indeed, the tenant is entitled to know that the prior action was in all respects terminated....").

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