J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- Citation
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- Parent Document
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- Jurisdiction
- New York (state)
- Effective Date
- 1995-09-12
Other Sections in This Document (22)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
- J.D. Realty Associates v. Jorrin, 166 Misc. 2d 175 (1995)
Full Text
1,074 charsService of the three-day notice serves two important functions. It is the statutory predicate for a summary nonpayment *178proceeding. (RPAPL 711 [2].) Accordingly, if a proper notice is not served, the subsequently commenced proceeding must be dismissed. Moreover, it informs the tenant of the amount of rent claimed due and what the tenant must do to avoid litigation which could result in eviction. In order to serve both functions, the notice must allege the approximate dollar amount1 which the petitioner believes, in good faith, is due and owing (London Terrace Gardens v Stevens, 159 Misc 2d 542; Zenila Realty Corp. v Masterandrea, 123 Misc 2d 1). It must demand payment of that sum, or surrender of the premises; if the tenant does not comply, only then may the owner commence a summary nonpayment proceeding to evict the tenant. (RPAPL 711 [2].) In order to comply with the statute and give notice, the written demand must state facts, present the alternatives and convey the consequence of noncompliance. Accordingly, the demand must be definite and unequivocal.