The following excerpt is from Arol Development Corp. v. Goodie Brand Packing Corp., 378 N.Y.S.2d 231, 84 Misc.2d 493 (N.Y. App. Term 1975):
In the fact pattern under review, that the first petition was discontinued by respondent because defective did not require that a second notice to quit be served. The first proceeding was attacked by appellant as a nullity; hence it may not now be asserted by appellant to bar the second (Ferrandino v. Cartelli, 12 A.D.2d 604, 208 N.Y.S.2d 750). Moreover the second proceeding was brought promptly and within a reasonable time after the notice of termination was served.
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