Termination Notice Not Defective

Facts: Landlord sued to evict tenant. The termination notice was signed by landlord's authorized agent. The authorization, which was attached to the termination notice, was signed by one of the partners of landlord, which was a partnership. The petitioner described landlord as a partnership. But two statements by a notary public attached to the authorization described landlord as a corporation. Tenant claimed that this inconsistency was a defect warranting dismissal of the eviction proceeding. Court: Tenant loses. Tenant didn't claim that landlord's agent or the person authorizing the agent was someone tenant had never dealt with. There was no question that the termination notice came from landlord. The description of landlord as a corporation in the notary's statement didn't create an ambiguity interfering with tenant's ability to answer.

London Terrace Gardens v. Rentschler: NYLJ, p. 27, col. 2 (5/28/97) (Civ. Ct. NY; Hoffman, J)