Summary
In Rower (supra), the Appellate Division specifically noted that the served party had "recei[ved] * * * the certified mailing" and had "fail[ed] to object promptly" to the use of certified, as opposed to registered, mail.
Summary of this case from Miller v. MMT CORP.Opinion
December 1, 1994
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
The plaintiff's sole contention on appeal is that he should have been granted summary judgment because the defendant's service of Notices of Termination and Notices of Cure was made by certified mail and not by registered mail, as required by the proprietary lease. However, plaintiff's receipt of the certified mailing and his failure to object promptly, constitute a waiver of the defect (see, Caro v City of New York, 31 Misc.2d 834). In any event the defendant's use of certified mail instead of registered mail does not invalidate service of the notices in these circumstances (see, e.g., Montana v Incorporated Vil. of Lynbrook, 23 A.D.2d 585, 586).
Concur — Murphy, P.J., Rosenberger, Ross, Rubin and Williams, JJ.