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Clearing a building on 11th Avenue in Manhattan containing approximately 150 sub-tenants for Charles Benenson & Preston R. Tisch

Benenson v. New York Oriental Rug Trade Center
(Sup. Ct. N.Y. Cty. 4/15/94)


Tenant argued that service of a three-day notice was required to comply with a provision in the subject lease stating that copies of any notices required under the lease must be mailed to both the tenant and its attorneys. The lease required that any notice sent under the lease also be mailed to their attorneys. Because the attorneys in question had moved since the execution of the lease and tenant had notified landlord of the new address, tenant alleged that a mailing to the old address rendered the service of the notice invalid. The court ruled in favor of the landlord, because the lease only requires that statements, which are to be given by the landlord to the tenant "under the lease," are also to be given to the attorney. The three-day notice was not required to be given by the terms of the lease; the statute required it. In short, service of the three-day notice on the tenant and upon its attorney had been waived, and the service of a three-day notice on the tenant without service on the tenant's attorney did not violate the terms of the lease or of any statute.  Link to Full Text of Decision

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