South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)

Citation: South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)
Parent Document: South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-05-07
Original Source: https://www.courtlistener.com/opinion/9500911/south-brooklyn-ry-co-v-heung-man-lau/ ↗

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While our courts have not adopted a universal rule about whether or in what circumstances parties may agree to depart from the RPAPL, the modern consensus is "that with respect to jurisdictional matters, the proceeding should be conducted strictly in accordance with the statute, but, once jurisdiction has been obtained, the remedy should be liberally applied" (2 Robert F. Dolan, Rasch's Landlord and Tenant, Including Summary Proceedings § 29:13 [5th ed, June 2023 update]). Thus, when it comes to essential rules, such as conditions precedent to bringing summary proceedings, these requirements may not be waived, even on consent of all parties (see e.g. PAK Realty Assocs. v RE/MAX Universal, 157 Misc 2d 985, 986 [Civ Ct, Queens County 1993, Lisa, J.] [Nonpayment petition dismissed because Petitioner failed to serve a rent demand despite the lease specifically waiving such a demand. "While parties may give themselves more rights by way of a lease, they cannot lessen a right given them by statute when it is against public policy to waive that right."]).

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