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Commercial Leasing Law & StrategyColumns & DepartmentsCommercial LitigationLandlord Tenant LawLitigation

Case Notes

By ssalkin
November 01, 2018

Subtenants Not Entitled to Notice Under Law

A New York appeals court has granted summary judgment to a landlord in a commercial holdover proceeding after the court determined that subtenants were not entitled to a 30-day notice. 304 PAS Owner LLC v. Life Extension Realty LLC, NYLJ 7/11/18, p. 21., col. 1. AppTerm, First Dept. (memorandum opinion).

The lease for the subject commercial property expired on July 31, 2016. When the property was not vacated and returned to the landlord, the lessor served a 30-day notice to vacate on the tenant and then brought a commercial holdover proceeding in civil court. That court sided with the subtenants, who protested that they had not been served with a 30-day notice, and granted their motion to dismiss.

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