Simon Green Inc. v Phillip

Holding The court dismissed the licensee holdover proceeding without prejudice because the petitioner failed to prove its prima facie case by failing to authenticate the predicate notice to quit. The court held that service of a proper notice is a condition precedent that the landlord must prove with foundational testimony, which cannot be substituted by judicial notice of the court file.

The court’s words

As petitioner failed to prove the elements of its prima facie case, the proceeding is dismissed without prejudice.

90 Misc 3d 183, at the official text

Compliance with statutory notice requirements represents a condition precedent to maintenance of a summary eviction proceeding

90 Misc 3d 183, at the official text

foundational testimony to authenticate the notices [to quit] was required

90 Misc 3d 183, at the official text

a request to take judicial notice of the court file is merely a request to note its contents

90 Misc 3d 183, at the official text