Landlord Can Rely on Prior Nonrenewal Notice

(Decision submitted by Jason Garber of the Manhattan law firm of Kucker & Bruh, LLP, attorneys for the landlord.) Facts: In April 2003, landlord sued to evict rent-stabilized tenant for illegal subletting. In March 2005, landlord discontinued the case without prejudice. In June 2003, landlord started a second eviction case against tenant based on nonprimary residence. In April 2005, landlord discontinued that case. In March 2005, before discontinuance of the second case, landlord started a third eviction case against tenant, based on nonprimary residence. Landlord didn't send a new notice of termination and nonrenewal of lease. Instead, landlord relied on the prior nonrenewal notice, sent in 2003. Tenant argued that landlord couldn't do this and asked the court to dismiss the third case. Court: Tenant loses. Generally, a nonrenewal notice can't be used as the basis of a second eviction case if the first eviction case is dismissed. But here landlord started the second nonprimary residence case before discontinuing the first one. An appeals court had previously ruled that, under these circumstances, landlord could rely on the nonrenewal notice sent before the first case was started. Landlord also clearly advised tenant, at the time it discontinued the first case, that it intended to pursue the second case.

Carmine Ltd. v. Soulinejad: Index No. 59613/05 (Civ. Ct. NY 7/29/05; Schneider, J) [6-pg. doc.]