ROWER v. WEST CHAMSON CORP.


210 A.D.2d 7 (1994)

619 N.Y.S.2d 40

Howard Rower, Appellant, v. West Chamson Corp., Respondent

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

December 1, 1994


The plaintiff's sole contention on appeal is that he should have been granted summary judgment because the defendant's service of Notices of Termination and Notices of Cure was made by certified mail and not by registered mail, as required by the proprietary lease. However, plaintiff's receipt of the certified mailing and his failure to object promptly, constitute a waiver of the defect (see, Caro v City of New York, 31 Misc.2d 834

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