Five Days for Mailing Must Be Added to 10-Day Cure Notice

April 9, 2007

LVT Number: 19428

Landlord sued to evict rent-stabilized tenant after tenant didn't comply with a 10-day notice to cure. Tenant asked the court to dismiss the case. He claimed that landlord's cure notice was defective because he wasn't given enough time to cure. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Landlord had sent the 10-day cure notice by regular and certified mail on June 2, 2005, and stated that the cure date was June 13, 2005. Landlord didn't add five days to the cure period to allow for mailing. The cure date should have been no earlier than June 17, 2005.

Landlord sued to evict rent-stabilized tenant after tenant didn't comply with a 10-day notice to cure. Tenant asked the court to dismiss the case. He claimed that landlord's cure notice was defective because he wasn't given enough time to cure. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Landlord had sent the 10-day cure notice by regular and certified mail on June 2, 2005, and stated that the cure date was June 13, 2005. Landlord didn't add five days to the cure period to allow for mailing. The cure date should have been no earlier than June 17, 2005. New York's highest court previously had made the same ruling in another case.

Midland Properties L.P. v. Morck: NYLJ, 2/26/07, p. 47,col. 6 (App. T. 2 Dept.; Rudolph, PJ, McCabe, Lippman, JJ)

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