47-05 Ctr. SPE L.L.C. v. Hack, 2025 NY Slip Op 25129 (2025)

Citation: 47-05 Ctr. SPE L.L.C. v. Hack, 2025 NY Slip Op 25129 (2025)
Parent Document: 47-05 Ctr. SPE L.L.C. v. Hack, 2025 NY Slip Op 25129 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-05-28
Original Source: https://www.courtlistener.com/opinion/10594925/47-05-ctr-spe-llc-v-hack/ ↗

Full Text

1,122 chars

To the extent Respondent previously argued in an unsuccessful motion to dismiss, and reiterates in summation, that Petitioner's nonrenewal notice is facially defective because it purported to not renew and terminate the parties' tenancy as of March 11, 2023, rather than March 11, 2024, this argument was rejected on the merits by Judge Guthrie in his October 15, 2024 decision. This constitutes the law of the case and is not appropriately revisited (see Wolf Props. Assoc., L.P. v Castle Restoration, LLC, 174 AD3d 838 [2d Dept 2019]). In any event, the "obvious typographical error" in the notice did not render it unreasonable under the attendant circumstances or prejudice respondent in any way in framing a defense to the underlying proceeding (Oxford Towers Co., LLC v Leites, 41 AD3d 144 [1st Dept 2007]; see also Kew Gardens Portfolio Holdings, LLC v Bucheli, 130 NYS3d 878 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020]; Marine Terrace v Kesoglides, 24 Misc 3d 35 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2009]; Hughes v. Lenox Hill Hosp., 226 AD2d 4, 18 [1st Dept 1996], lv denied 90 NY2d 829 [1997]).

Other Sections in This Document (28)

Full Text