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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With respect to the amount of notice required where no landlord-tenant relationship exists, RPAPL 713 states, "[a] special proceeding may be maintained under this article after a ten-day notice to quit has been served upon the respondent in the manner prescribed in section 735 . . . ." (emphasis added). This ten-day notice requirement is jurisdictional and non-waivable (see Lally v Fasano-Lally, 22 Misc 3d 29 [App Term, 2d Dept, 9th & 10th Jud Dists 2008] [Petition dismissed where petitioner-licensor only gave nine days' notice before filing petition]), though parties are permitted to agree to notice greater than that required by RPAPL (see Alexander Muss & Sons v Rozany, 170 Misc 2d 890, 892 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 1996]).

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