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SIEGEL v. KENTUCKY CHICKEN

108 A.D.2d 218 (1985)

Aaron L. Siegel, Respondent, v. Kentucky Fried Chicken of Long Island, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 6, 1985

Attorney(s) appearing for the Case

Katz, Kleinbaum, Farber & Karson (Eugene I. Farber and Peter F. Dwyer of counsel), for appellant.

Bruce D. Mencher for respondent.

MANGANO and BROWN, JJ., concur with GIBBONS, J; TITONE, J. P., dissents and votes to affirm the order dated March 1, 1983, with an opinion.

GIBBONS, J.

The only issue which divides the court on this appeal is whether a lawyer's letter is sufficient to give notice to a tenant of its landlord's decision to terminate the tenancy based on the tenant's alleged default, in accordance with a paragraph of the lease requiring the service of such a notice by the "Landlord". Under the circumstances of this case, the service of such a notice on behalf of the...

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