John Hancock was a man who became famous for how he signed a critical document, the Declaration of Independence. While no one is ever likely to become famous for signing predicate notices to summary proceedings, two recent cases demonstrate that the particulars concerning the manner in which such notices are signed can be of determinative significance.
In QPII 143-45 Sanford Ave. v. Spinner,1 a non-payment proceeding was predicated on a five-day notice served on the tenant. It set forth that monthly rent of $556.12 was due for each month from January 2008 through April 2009, plus a December 2007 balance of $150, for a total due of $9,047.92. The notice was signed by “Cathy McGovern, agent for QPII-143-45 Sanford Avenue LLC Landlord.” After the proceeding was commenced, the tenant moved to dismiss the petition on the ground, among others, that the notice was defective because it was signed by someone purporting to be the landlord’s agent, but the lease required the notice to be signed by the landlord, and there was no proof of the agent’s authority to act on the landlord’s behalf. The Civil Court, Queens County (Bruce Kramer, J.) issued an order denying the motion. After further motion practice and a non-jury trial, a final judgment was entered awarding the landlord possession and $11,678.52.
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