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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Full Text

676 chars
Discovery intended to determine the amount of rent owed is inappropriate here and cannot be used to cure the fatal defect in the three-day notice. A written rent demand is not subject to amendment to cure the kind of substantive defect at issue here. The three-day notice is not a pleading; rather, it is a notice to the tenant of what must be done to forestall a summary proceeding. It speaks when it is served and must convey adequate notice at that time. To permit amendment of a three-day notice after the fact, during the pendency of the proceeding which the notice is intended to avert, both subverts the statutory purpose of the notice and amounts to rewriting history.