Port Royal Owners Corp. v. Navy Beach Rest. Grp., LLC
| Decision Date | 20 September 2017 |
| Docket Number | 2016-1329 SC. |
| Citation | 57 Misc.3d 13,60 N.Y.S.3d 628 |
| Parties | PORT ROYAL OWNERS CORP. and The Port Royal Owners Association, etc., Respondents, v. NAVY BEACH RESTAURANT GROUP, LLC, Appellant. |
| Court | New York Supreme Court — Appellate Term |
57 Misc.3d 13
60 N.Y.S.3d 628
PORT ROYAL OWNERS CORP. and The Port Royal Owners Association, etc., Respondents,
v.
NAVY BEACH RESTAURANT GROUP, LLC, Appellant.
2016-1329 SC.
Supreme Court, Appellate Term, Second Dept., 9 and 10 Judicial Dist.
Sept. 20, 2017.
Jeffrey B. Hulse, Esq., for appellant.
Twomey, Latham, Shea, Kelley, Dubin & Quartararo (Jennifer P. Nigro, Esq.), for respondent.
PRESENT: ANTHONY MARANO, P.J., JERRY GARGUILO, JAMES V. BRANDS, JJ.
Appeal from an order of the Justice Court of the Town of East Hampton, Suffolk County (Steven Tekulsky, J.), entered April 1, 2016. The order, insofar as appealed from as limited by the brief, denied the branch of tenant's motion seeking summary judgment dismissing the petition on the ground that the notice of termination was defective, in a holdover summary proceeding.
ORDERED that the order, insofar as appealed from, is affirmed, without costs.
In this commercial holdover proceeding, landlords allege that tenant, a restaurant located in Montauk, New York, is in default under the lease as a result of ongoing violations of the East Hampton Town Code. Before filing the petition, landlords' attorney had sent tenant a written 20–day notice to cure and, subsequently, a notice of termination. After interposing an answer, tenant moved for summary judgment dismissing the petition on the ground, among others, that the notice of termination that had been sent by landlords' attorney was defective because only landlords or an agent of landlords specified in the lease could terminate the lease, and landlords' counsel was not identified in the lease. The Justice Court denied tenant's motion on the ground that the lease provisions did not require landlords to act only personally or through an identified agent either in giving notice of default and an opportunity to cure or in giving notice of termination. We affirm.
In QPII–143–45 Sanford Ave., LLC v. Spinner, 34 Misc.3d 14, 936 N.Y.S.2d 473 (App.Term, 2d Dept., 2d, 11th & 13th Jud.Dists.2011), affd. sub nom. Matter of QPII–143–45...
To continue reading
Request your trial
-
Bank of N.Y. Mellon v. Salahuddin
...instead of the landlord. See, QPII–143–45 Sanford Aven., LLC v. Spinner, supra ; Port Royal Owners, Corp. v. Navy Beach Rest. Group, LLC, 57 Misc.3d 13, 60 N.Y.S.3d 628 (App. Term, 2d Dept. 2017).THEREFORE, based upon the foregoing, it is nowORDERED , that respondent's motion to vacate the ......
-
U.S. Bank Trust, N.A. v. Augustine
...owner] noncompliant with the requirements of the notice provision and did not render the notice invalid."]; Port Royal Owners Corp. v. Navy Beach Rest. Group, LLC , 57 Misc 3d 13, 15 [App Term, 2d Dept, 9th & 10th Jud Dists 2017]. Several lower court decisions rendered in the wake of Spinne......
-
Wilmington Tr., N.A. v. Holmes
...to provide notice of employee's authority to act on behalf of attorney-in-fact as an agent]; see also Port Royal Owners Corp. v. Navy Beach Rest. Group, LLC, 57 Misc 3d 13, 15 [App Term, 2d Dept, 9th & 10th Jud Dists 2017] [Affirming that an agent may sign predicate notice in the absence of......