Knightsbridge, LLC v. Soups & Breads

In Knightsbridge, LLC v. Soups & Breads (NYLJ, Dec. 24, 1997, at 22, col 4 [Civ Ct, NY County]) the commercial landlord commenced a summary nonpayment proceeding. The landlord then discontinued the nonpayment proceeding for an apparent strategic consideration--to allow it to terminate the lease for nonpayment pursuant to a conditional limitation contained in the lease. After the landlord served the necessary predicate notices to terminate the lease and commenced a summary holdover proceeding, however, the tenant moved to dismiss on the ground, inter alia, that the termination notice was unclear as to who signed the termination notice. Rather than litigate the issue, the petitioner discontinued the proceeding, served a corrected notice of termination, and then commenced a new holdover proceeding based on the new notice. The Civil Court rejected a motion to dismiss made by the respondent on the same CPLR 3217 (c) ground presented by the respondent here, holding that the purpose of the second discontinuance was the correction of a pleading defect, and therefore good cause, not harassment.