Practice point: Compliance with a statutory notice requirement is a condition precedent to maintaining a summary eviction proceeding, and the landlord has the burden to prove that element of its case. A tenant may timely raised the objection in the answer and again in across motion for summary judgment despite not having raised it in the preanswer motion, pursuant to CPLR 3211[e].
Case: Mautner-Glick Corp. v. Glazer, NY Slip Op 01963 (1st Dep't March 16, 2017)
Here is the decision.
Monday's issue: An appeal from an intermediate order.