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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Here, the follow up stipulations extending the terms of the Agreement clearly stated that the parties agree to dispense with the statutory service for the predicate notice. However, Petitioner failed to serve the notice to quit and follow up stipulations properly. Petitioner did not submit an affidavit of service for the notice to quit or any of the follow up stipulations. Gerard Miller, a Senior Account Manager for Petitioner served all relevant documents, but the affidavit fails to identify how the documents were served (see Miller aff ¶ 4). The records themselves state that they were sent by certified mail to Heung Man Lau at 56-48 217th Street, Oakdale Gardens, NY 11364 and emailed to adybner&commat;dyblaw.com and flossfish2006&commat;yahoo.com (id., exhibits 1-5). Thus, neither the notice to quit nor the follow up stipulations were served pursuant to RPAPL 735. Furthermore, the service address for Respondent as stated on parties' records does not match Respondent's address as stated in the Agreement (id., exhibit 1).

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