Extra Five Days Not Required for Mailed Termination Notice

(Decision submitted by Sherwin Belkin of the Manhattan law firm of Belkin Burden Wenig & Goldman, LLP, attorneys for the landlord.) In 2001, landlord sued to evict rent-controlled tenant for nonprimary residence. Several years later, on the eve of the trial, tenant asked the court to dismiss the case because landlord's 30-day termination notice wasn't sent on time. Tenant relied on a recent Court of Appeals ruling that required landlords to add another five days to a 10-day notice to cure to allow for mailing. In this case, landlord had mailed the termination notice to tenant 31 days before the tenancy termination date. The termination notice also was delivered by conspicuous place service on that date. The court ruled against tenant. The case tenant relied on didn't apply to 30-day termination notices sent under RPAPL Section 735(2). And tenant waived the right to seek dismissal on this basis because she waited for five months after that case was decided.

116 2nd Ave. LLC v. Bachachekewsky: Index No. 83080/01 (Civ. Ct. NY 1/28/05; Lansden, J) [8-pg. doc.]