Altered Date on Nonrenewal Notice Was Fatal Defect

August 31, 2009

LVT Number: #22157

Landlord sued to evict rent-stabilized tenant for owner occupancy purposes. Tenant asked the court to dismiss the case. The copy of the lease nonrenewal notice attached to landlord's court petition contained the typewritten date of Nov. 2, 2005. But the date was altered in ink to read Nov. 2, 2006. In addition, the petition stated that landlord had "served a nonrenewal notice dated November 11, 2006." Landlord argued that this was a minor defect.

Landlord sued to evict rent-stabilized tenant for owner occupancy purposes. Tenant asked the court to dismiss the case. The copy of the lease nonrenewal notice attached to landlord's court petition contained the typewritten date of Nov. 2, 2005. But the date was altered in ink to read Nov. 2, 2006. In addition, the petition stated that landlord had "served a nonrenewal notice dated November 11, 2006." Landlord argued that this was a minor defect. But the unexplained alteration of the date on the copy of the notice, together with the misstatement in the petition of the date, indicated misconduct designed to deceive the court.

Bosco v. Merle: NYLJ, 8/11/09, p. 34, col. 3 (App. T. 2 Dept.; Pesce, PJ, Rios, J, Golia, J dissenting)

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