Eviction Proceeding Dismissed for Procedural Defects

Landlord sued to evict tenant after sending a 30-day termination notice. The court granted tenant's request to dismiss the case. First, the termination notice stated two different dates upon which the tenancy terminated and therefore was defective. In addition, landlord accepted rent from tenant for a period following the termination date but prior to the filing of its court petition. These actions warranted dismissal of the petition.

ATM Four, LLC v. Miller: 37 Misc.3d 1208(A), 2012 NY Slip Op 51938(U) (Dist. Ct. Nassau; 10/5/12; Fairgrieve, J)