South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)

Citation: South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)
Parent Document: South Brooklyn Ry. Co. v. Heung Man Lau, 2024 NY Slip Op 24139 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-05-07
Original Source: https://www.courtlistener.com/opinion/9500911/south-brooklyn-ry-co-v-heung-man-lau/ ↗

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Furthermore, since the terms of the original notice to quit were changed with each follow up stipulation, Petitioner was required to serve a new notice to quit because the extension letter superseded the previous notice (see McKay v Farquharson, 75 Misc 3d 1223[A] [Civ Ct, Queens County 2022, Sanchez, J.] citing 28 Mott St. Co. v Summit Import Corp., 64 Misc 2d 860, 864 [Civ Ct, New York County 1970, Myers, J.] ["[A] subsequent notice after the expiration of the first is in effect an admission that a tenancy still subsists, and is a waiver of the first notice." (internal quotation marks and citations omitted)]).

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