A decision issued in October of this year by Judge Scott Fairgrieve of District Court, Nassau County in Karron v. Karron1 revisits the issue of when is it appropriate for an attorney or agent of the landlord to issue a notice to cure or notice of termination on the landlord’s behalf. In light of this decision, we thought it would be useful to summarize the law in the area.
We start with the 1964 decision of Supreme Court, New York County in Granet Construction v. Longo.2 In that case, the two separate landlords had delivered two letters purporting to terminate the tenant’s lease. Both of the letters were signed by attorneys, as “attorneys for the landlords.” The court ruled that “unless the lease provides otherwise a notice must be given by the landlords themselves; a notice given by an attorney will not do,” with the proviso that “a letter from an attorney, if authenticated or if disclosing authority, will be recognized.”3
Proof of Authority
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