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136 Misc. 2d 793; 519 N.Y.S.2d 178; 1987 N.Y. Misc. LEXIS 2501

Citation
136 Misc. 2d 793; 519 N.Y.S.2d 178; 1987 N.Y. Misc. LEXIS 2501
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

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*795Upon dismissal of a holdover proceeding, a respondent is entitled to a certain peace of mind that an eviction is no longer pending. Thus, a 30-day notice terminating a tenancy is void upon dismissal of the proceeding thereon, and a new 30-day notice is required to be served before a new proceeding may be commenced. (Colavolpe v Williams, 77 Misc 2d 430 [Civ Ct, Kings County 1977]; Weinberger v Driscoll, 89 Misc 2d 675 [Civ Ct, NY County 1977]; Haberman v Wager, 73 Misc 2d 732 [Civ Ct, NY County 1973].)2 The purpose of the 30-day notice, as with the authorization request, is to inform the tenant of an impending proceeding and the grounds upon which it will be based so that the tenant may respond. Such notices should not be allowed to "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.” (Colavolpe v Williams, supra, at 431.) Rather, once the proceeding has been dismissed the tenant is once again entitled to new notice. The same reasoning certainly holds true for the authorization to evict.