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SECOND & E. 82 v. GILY CORP.

192 Misc.2d 55 (2002)

745 N.Y.S.2d 371

SECOND & E. 82 REALTY LLC, Petitioner, v. 82ND STREET GILY CORPORATION, Also Known as PABLO'S RESTAURANT, Respondent.

Civil Court, New York County.

January 2, 2002.

Attorney(s) appearing for the Case

Kellner Chehabar & Deveney, New York City (Douglas Kellner of counsel), for respondent.

Pollack & Sharan, LLP, New York City (Adam Paul Pollack of counsel), for petitioner.

OPINION OF THE COURT

LUCY BILLINGS, J.

This decision resolves the unanswered question whether, where the governing statute or lease provision permits a notice terminating a tenancy to be signed by the landlord's agent, a person who is in fact an agent may sign without any indication to the tenant that the agent is acting for the landlord. The court holds that the landlord and agent may not remain totally silent...

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