Ashley Realty Corp. filed a holdover proceeding against Andrew Knight claiming the guy really didn't live in his regulated apartment. Interestingly, Knight never submitted an answer, never appeared in court, and a default judgment was entered against him.
Instead of trying to vacate that default, Knight asked for the case's dismissal, arguing that a notice he received was defective--because the signature thereon was illegible, and there was no indication as to who the signer was.
After the New York County Civil Court dismissed the case, the Appellate Term, First Department, reversed and reinstated the dispute.
While a notice in a landlord-tenant case should be signed by the landlord or an agent identified in the lease, when the tenant knows that a signer has the authority to act, that document can survive attack.
Since Knight dealt with the agent on several occasions, and was familiar with the scribbled signature (because it appeared on a prior renewal lease), both the Appellate Term, and the Appellate Division, First Department, thought the notice could be used to vanquish Knight's tenancy.
Apparently, that Knight won the battle, but lost the war.
To view a copy of the Appellate Division's decision, please use this link: Ashley Realty Corp. v. Knight