Skip to main content
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

756 chars
. In a commercial holdover proceeding, the Third Department held that a landlord’s contractual notice of default, drafted and served in compliance with a lease provision, was sufficient to trigger a conditional limitation, although it did not demand payment of a specific amount. (Matter of Ranalli v Burns, 157 AD2d 936.) Ranalli is inapposite here. Not only is it fact specific; the contractual notice in Ranalli is a different kind of notice than the statutory notice at issue here, which must conform to the requirement of RPAPL 711 (2). The citation to "RPAPL 711 [1], [2]” (Matter of Ranalli v Burns, supra, at 937) is an apparent error; RPAPL 711 (2) applies to nonpayment proceedings like the instant case, not to holdover proceedings like Ranalli.