25-35 Equity Holdings Inc v. Toles – Case Brief Summary (New York)

In 25-35 Equity Holdings Inc v. Toles et al (2001 NY Slip Op 40036[U], NY City Civ Ct) where petitions did allege the date of the personal demand for rent, a fact not alleged in the petitions at bar, where service was by conspicuous place delivery, and petitions were not verified by the landlord, the Court found that "the circumstances of the pleaded oral demands raise a question whether the tenants received the notice required by RPAPL § 711(2)" and the Court required the submission of additional affidavits regarding the details of the alleged oral demand pursuant to CPLR 409(a).