Defective Cure Notice Bars Lease Violation Claim, Not Nuisance Claim

Landlord sued to evict tenant for violating substantial obligations of his tenancy and lease, as well as for creating a nuisance. Landlord claimed that tenant created "Collyer's" conditions in his apartment through excessive filth and clutter. Tenant asked the court to dismiss the case, claiming insufficient notice. Before sending a lease termination notice, landlord served a notice to cure on Dec. 11, 2009, by leaving a copy on tenant's door and mailing another copy the same day. The notice told tenant to cure the condition by Dec. 21. Tenant claimed that landlord should have added five days to the cure period to allow for the mailing time of the cure notice. The court agreed, in part, and dismissed only that portion of the petition based on violations of substantial obligations of the tenancy and lease. Since no notice to cure was required for a nuisance claim, landlord could go forward with that portion of its case.

Papadeas v. West: Index No. 54327/2010, NYLJ No. 1202474563759 (Civ. Ct. Kings; 10/28/10; Fitzpatrick, J)