Landlord Can Evict Illegal Occupant

June 30, 2000

LVT Number: 14198

Landlord sued to evict tenant for nonprimary residence. Tenant didn't fight the case, but the illegal occupant of the apartment made a number of claims. He said the case should be dismissed because landlord didn't deliver a copy of the lease nonrenewal notice to him and because landlord called him ''John'' Bandler instead of ''Michael'' Bandler on the court papers. The court and appeals court ruled against occupant. Landlord didn't know occupant's first name. Delivering court papers to him, listing him as John, still gave him notice of the case and was legally sufficient.

Landlord sued to evict tenant for nonprimary residence. Tenant didn't fight the case, but the illegal occupant of the apartment made a number of claims. He said the case should be dismissed because landlord didn't deliver a copy of the lease nonrenewal notice to him and because landlord called him ''John'' Bandler instead of ''Michael'' Bandler on the court papers. The court and appeals court ruled against occupant. Landlord didn't know occupant's first name. Delivering court papers to him, listing him as John, still gave him notice of the case and was legally sufficient. And delivering the nonrenewal notice to tenant alone was enough to start the nonprimary residence case. Occupant lost the right to remain in the apartment once tenant moved out. So he could be evicted.

Battery Park Mgmt. Corp. v. Tabachnick: NYLJ, 6/23/00, p. 26, col. 3 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

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