Eviction Proceeding Dismissed Due to Insufficient Termination Notice

Landlord sued to evict tenant in 2020 based on failure to remove illegally erected apartment partitions and illegal subletting. Landlord had issued a notice to cure and termination notice in late 2019. Tenant asked the court to dismiss the case, claiming that landlord's termination notice was insufficient under RSC Section 2524.2(b) because it failed to specify the grounds for the eviction proceeding. Landlord argued that the notices were sufficient and that the parties had been in litigation over the same issues for 10 years. They had entered into two settlement stipulations in court in 2009 and 2016 over the same issues. But the court ruled for tenant, finding that landlord's notice failed to allege specific facts concerning tenant's failure to cure. Proper notices were a required condition to maintaining the proceeding.

217 Henry St. LLC v. Fa Jian Lin: Index No. 52097-20, 2022 NY Slip Op 32825(U), NYLJ No. 1661853219 (Civ. Ct. NY; 8/12/22; Asforis, J)