Given the minimal legal requirements for a valid nonrenewal notice, which can normally be gleaned from the face of the document and its accompanying affidavit of service, this court is of the opinion that such a notice can generally be treated as patently trustworthy and self-authenticating even in the absence of a qualifying witness (see Elkaim v Elkaim, 176 AD2d 116 [1st Dept 1991] [documents that are not inherently "self-proving" records may nonetheless be admitted on judicial notice where there is sufficient indicia of reliability predicated on "the nature of the records observed by the court . . . "]). In other words, a properly served nonrenewal notice, emanating from and served on behalf of the party actively litigating the proceeding, for which the notice acts as the condition precedent to commencement, and lacking any irregularity on its face that might cast doubt on its provenance, can be presumed to constitute the genuine verbal act of the nonrenewing party and admitted on judicial notice for this purpose.[FN2]
The admission of the notice would not bar the opposing party from taking issue with whether it was [*5]drafted or authorized by the correct party; however, such a defense, effectively challenging the standing or capacity of the issuer or server of the notice, is more appropriately treated as an affirmative defense rather than a barrier to admission (see Chinuch v Congregation Lubavitch, Inc., 82 Misc 3d 29 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2024] [respondents waived the right to challenge whether 10-day notices to quit were defective because not signed by the persons authorized to do so where the defense was not raised in their answer or at trial and only brought up in a post-trial brief]; 350 Cabrini Owners Corp. v Merkel, 69 Misc 3d [App Term, 1st Dept 2020]; cf. LPP Mtge. Inc. v Cruz, 81 Misc 3d 1242 [Civ Ct, Queens Co 2024] [predicate notice signed and issued by a third party on behalf of a landlord could not be admitted into evidence on judicial notice without a qualifying witness]).[FN3]
Here, the notice of nonrenewal, emanating from and issued on behalf of Petitioner, and timely served as established by the unchallenged affidavit of service, meets the requirements for admission without a qualifying witness as an inherently reliable, self-authenticating document.[FN4]