Skip to main content
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

761 chars
It should be noted that while a landlord may serve the notice of termination in the manner required in RPAPL 735, it is not required. In 105 W. 128th St. v Freeman (NYLJ, Feb. 25, 1998, at 29, col 4 [Civ Ct, NY County]), there was no objection to the choice to use a process server. Further, where the lease is silent, service must be made in accordance with RPAPL 735. (Triborough Bridge & Tunnel Auth. v Sonnenschein, Sherman & Deutsch, NYLJ, Mar. 18, 1998, at 31, col 1 [Civ Ct, NY County].) Lastly, where the lease provision is more stringent than the statute, the lease provision governs, so where a 10-day rent demand by registered mail was required by the lease, such notice had to be given. (Hendrickson v Lexington Oil Co., 41 AD2d 672 [2d Dept 1973].)