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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bogatz v. Extra Touch International, Inc., 179 Misc. 2d 1029 (1999)

Citation
Bogatz v. Extra Touch International, Inc., 179 Misc. 2d 1029 (1999)
Parent Document
Bogatz v. Extra Touch International, Inc., 179 Misc. 2d 1029 (1999)
Jurisdiction
New York (state)
Effective Date
1999-03-03

Full Text

837 chars
On December 9, 1998, a 10-day notice of termination was served upon the tenant. That notice is signed by the landlord and was sent by certified mail as provided in paragraph 22 of the lease concerning notices. It was also served by regular mail, which was not required by the lease. This notice was not required to be served pursuant to RPAPL 735. This is because the lease was still in effect on the date of the notice. It therefore governs the parties’ conduct. The notice states, in part, that: “Landlords [sic] therefore elects to terminate Tenant’s Lease and tenancy on December 21, 1998, a date not less than ten (10) days from the date of service of this notice. Please arrange to surrender possession of the subject premises on that date, or the Landlord will commence summary proceedings to recover possession of said premises.”