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Siegel v. Kentucky Fried Chicken of Long Island

Court of Appeals of the State of New York
Mar 18, 1986
67 N.Y.2d 792 (N.Y. 1986)
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Summary

affirming lower court determination that where lease required notice of cancellation specifically from landlord, notice from agent without evidence of authority was insufficient

Summary of this case from Rapillo v. CitiMortgage, Inc.
See 7 Summaries

Opinion

Argued February 5, 1986

Decided March 18, 1986

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, John D. Capilli, J.

Bruce D. Mencher for appellant.

Eugene I. Farber and Steven T. Lowe for respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The lease contains four printed provisions referring to the "Landlord or Landlord's agent," but in its default provision refers only to "the Landlord serving a written five (5) days' notice upon Tenant" to be followed by "Landlord [serving] a written three (3) days' notice of cancellation". Its printed provisions defined the term "Landlord" to mean "only the owner, or mortgagee in possession, for the time being". It also contained a rider consisting of 44 typewritten paragraphs, three of which referred to a named attorney as escrowee, but none of which specified that notice of default or of termination which, as noted, was to be given by the landlord, could be given by the landlord's agent or by an attorney, or otherwise modified the printed definition of the term "Landlord."

Under such a lease notices of default and of termination signed not by the owner or the attorney named in the lease, but by another attorney with whom the tenant had never previously dealt, were insufficient and the tenant was entitled to ignore them as not in compliance with the lease provisions concerning notice (cf. Mann Theatres Corp. v Mid-Island Shopping Plaza Co., 94 A.D.2d 466, 474; see, Reeder v Sayre, 70 N.Y. 180, 188).

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and HANCOCK, JR., concur; Judge TITONE taking no part.

Order affirmed, with costs, in a memorandum.

Summaries of

Siegel v. Kentucky Fried Chicken of Long Island

Court of Appeals of the State of New York
Mar 18, 1986
67 N.Y.2d 792 (N.Y. 1986)

affirming lower court determination that where lease required notice of cancellation specifically from landlord, notice from agent without evidence of authority was insufficient

Summary of this case from Rapillo v. CitiMortgage, Inc.

In Siegel v. Kentucky Fried Chicken (67 N.Y.2d 792), the Court of Appeals held that notices of default and termination must be issued by either the owner or an attorney named in the lease and not by a third-party attorney with whom the tenant had never previously dealt.

Summary of this case from Norlee Wholesale v. 4111 Hempstead Turnpike

In Siegel, the Court of Appeals examined specific contractual language and held that a provision stating that notice must be given to the "Landlord" could be satisfied either by notice to property's landlord or by notice to the "the attorney named in the lease."

Summary of this case from Platinum Equity Advisors, LLC v. SDI, Inc.

In Siegel, the Court of Appeals examined specific contractual language and held that a provision stating that notice must be given to the “Landlord” could be satisfied either by notice to property's landlord or by notice to the “the attorney named in the lease.” Siegel, 67 N.Y.2d at 793–94.

Summary of this case from Platinum Equity Advisors, LLC v. SDI, Inc.

In Siegel, the Court of Appeals held that several notices of default were "insufficient and the tenant was entitled to ignore them as not in compliance with the lease provisions concerning notice," because those notices were given by the landlord's attorney, not by the landlord or the attorney named in the lease.

Summary of this case from Equator Int'l, Inc. v. NH St. Investors, Inc.

In Siegel, the Court of Appeals held that several notices of default were “insufficient and the tenant was entitled to ignore them as not in compliance with the lease provisions concerning notice,” because those notices were given by the landlord's attorney, not by the landlord or the attorney named in the lease.

Summary of this case from Equator Int'l, Inc. v. NH St. Investors, Inc.

In Siegel v. Kentucky Fried Chicken (67 N.Y.2d 792, affg 108 A.D.2d 218 [2d Dept]), the Court upheld the dismissal of a petition for lack of subject matter jurisdiction where the predicate notices were signed by the landlord's attorney and not the landlord.

Summary of this case from Bogatz v. Extra Touch Intl
Case details for

Siegel v. Kentucky Fried Chicken of Long Island

Case Details

Full title:AARON L. SIEGEL, Appellant, v. KENTUCKY FRIED CHICKEN OF LONG ISLAND…

Court:Court of Appeals of the State of New York

Date published: Mar 18, 1986

Citations

67 N.Y.2d 792 (N.Y. 1986)
501 N.Y.S.2d 317
492 N.E.2d 390

Citing Cases

Equator Int'l, Inc. v. NH St. Investors, Inc.

(Def.'s Affirm. Opp. ¶ 8.) Citing Siegel v. Kentucky Fried Chicken, Inc., 67 N.Y.2d 792 (1986), Defendant…

Equator Int'l, Inc. v. NH St. Investors, Inc.

) Citing Siegel v. Kentucky Fried Chicken, Inc., 67 N.Y.2d 792, 501 N.Y.S.2d 317, 492 N.E.2d 390 (1986),…

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