to the sum set forth in the aforementioned demand. Accordingly, the court finds the Three Days'
Notice and Demand for Rent did not apprise Tenant of the particular period for which a rent
payment was allegedly in [*6]default and did not provide an
approximate good faith tally of rent allegedly due for each such period and therefore did not
comply with the requirements of RPAPL§711 (2). As the predicate notice is defective and
is not subject to cure by amendment, the petition must be and is dismissed.
The foregoing constitutes the Decision and Order of the Court.
Dated:February 22, 2010
________________________________
HON. NANCY QUINN KOBA
Town Justice
Footnotes
Footnote 1:
Pet. refers to the
Petitioner's documents in evidence.
Footnote 2:
Petitioner's "5" in
evidence does not include the Tenant Addendum- Section 8 Tenant Based Assistance
HousingChoice Voucher Program, which was allegedly annexed to the lease.
Footnote 3:
Res. refers to the
Respondent's documents in evidence.