Opinion
570029/04.
Decided October 25, 2005.
Respondent RST Associates, L.P. appeals from a final judgment of the Civil Court, New York County, entered August 1, 2003 after a nonjury trial (Anil C. Singh, J.), which awarded petitioner possession of the subject premises and a recovery of use and occupancy in the amount of $56,788.53.
Final judgment entered August 1, 2003 (Anil C. Singh, J.) affirmed, with $25 costs.
PRESENT: SUAREZ, P.J., McCOOE, SCHOENFELD, JJ.
After trial of this commercial holdover proceeding, Civil Court correctly found that the notice of termination, signed by an officer of the corporate petitioner, was not defective and was properly served by certified mail and personal delivery to a suitable individual at respondent's office. The respondent subtenant concededly received the notice and acted upon it, without prompt objection ( see Rower v. West Chamson Corp., 210 AD2d 7). The original answer, later amended, admitted service and constitutes an informal judicial admission ( see Imprimus v. Insight Venture Mgt., 300 AD2d 109; see also Bogoni v. Friedlander, 197 AD2d 281). Petitioner also met the sole condition precedent for early termination of the sublease, by giving notice "at least one year in advance" of the twenty-fifth anniversary of the sublease ( see AZA Realty v. Harrigan's Café, 113 Misc 141; see also Oppenheimer Co., Inc. v. Oppenheim, Appel, Dixon Co., 86 NY2d 685, 690).
In the absence of a formal cross appeal, we have no occasion to address those portions of the final judgment as may be deemed to have been adverse to petitioner.
This constitutes the decision and order of the court.