2039 Jericho Turnpike Corp. v. Caglayan

64 A.D.3d 609 (2d Dept. 2009).  We represented the landlord in this holdover proceeding, in which the Appellate Term had initially excused the tenant’s failure to comply with the strict notice requirements of the lease appeal, based upon the “course of dealings between landlord’s attorney and tenant’s attorney.”  We successfully obtained reversal of that ruling on appeal to the Appellate Division, which required adherence to the strict notice requirements of the lease, and concluded that there was no evidence in the record that the landlord had waived proper notice.