545 WEST COMPANY v. SCHACHTER


16 Misc.3d 431 (2007)

837 N.Y.S.2d 549

545 WEST COMPANY, Petitioner, v. JONATHAN P. SCHACHTER, Respondent.

Civil Court of the City of New York, New York County.

May 21, 2007.


Attorney(s) appearing for the Case

Kenneth B. Hawco, New York City, for respondent.

Pennisi, Daniels & Norelli, LLP, Rego Park (Lauren Poper of counsel), for petitioner.


OPINION OF THE COURT

JOSEPH CAPELLA, J.

This is a residential nonpayment proceeding in which the respondent alleges, by preanswer motion for dismissal,* that the written rent demand served by conspicuous place service with subsequent mailing is fatally defective. In particular, the respondent states that the language of the notice requiring payment of the rent owed "on or before the expiration of three (3) days from the service...

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