to Section 9 NYCRR §§2504.4(d) and 2508.1(a), seeking to recover possession of the
Apartment involved in a court of competent jurisdiction in the State of New York on the grounds
the Apartment involved are not occupied by the tenant, not including subtenants or occupants, as
his or her primary residence."
The July 2 Notice is signed by Attorney
David I. Rosenberg (attorney for Landlord/Owner) and Sinclair Securities, LLC
(Landlord/Owner) by Brett D. Zinner, Temporary Assistant Secretary.
In response to the July 2 Notice, Respondent's attorney Gregory G. Calabro sent the
correspondence dated July 19, 2018, attacking the Notice. Respondent's attorney states that the
Notice fails to set forth sufficient facts for an eviction.
The correspondence sets forth that the Notice is also defective because:
"Second, in order for a predicate notice to be effective it must be signed by an
authorized individual. Seigel v. Kentucky Fried Chicken of Long Island, Inc., 108
AD2d 203, 488 N.Y.S. 2d 744 (2nd Dept. 1985). Your Notice is signed by one of the partners of
your law firm as, 'Temporary Assistant Secretary'. To be kind, the purported authorized signature
is a farce."
Apparently, in response to the said Letter, Petitioner had the
Combined Notice of Termination and Notice of Intention to Commence Court Action, dated July
30, 2018, served upon Respondent. The July 2 Notice and July 30 Notice are identical, except the
July 30 Notice is signed by Allen Prince as Manager of Petitioner, instead of Brett D. Zinner as
Temporary Assistant Secretary.
The Notice of Petition and Petition, dated January 7, 2019, incorporate the July 30, 2018
Notice as follows:
"8. On or about July 30, 2018, Petitioner mailed Respondent correspondence titled