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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

487 chars
Tenant alleges lack of subject matter jurisdiction because the required predicate notice (the notice of termination) was not served as required by RPAPL 735. The court finds that there is subject matter jurisdiction, as the lease provision concerning notices governs. While there is no case directly on point, the dicta in the cases, as will be explained below, combined with the applicable rules of statutory construction, require this result. The motion to dismiss is therefore denied.