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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

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

Other Sections in This Document (70)

Full Text

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Lastly, the method of service of the notice to quit (and follow up stipulations) did not comply with either the Agreement nor RPAPL 735. The July 25, 2019 Stipulation stated "the Termination Notice may be given in accordance with Paragraph 21 of the License and need not be served in the same manner in which a notice of petition in summary proceeding is to be served" (id. ¶ 5[ii]). Paragraph 21 of the Agreement states that notices "shall be either (i) personally delivered, (ii) sent by overnight courier or (iii) sent by Certified Mail return receipt requested" (see Miller aff, exhibit 1, ¶ 21). The delivery address for the Licensee is described as "the address set forth above or at the Licensed Area" (id.). The address of the subject premises is 874-880 5th Avenue, Brooklyn, NY 11232. The only other address listed for Respondent is in the heading of the Agreement and states that the agreement is between the Petitioner and "Ms. Heung Man Lau, an individual residing at 89-48 220th St., Queens Village, NY 11429" (id.).