Landlord Can Reuse Termination Notice

June 30, 2012

LVT Number: #24175

Landlord sued to evict rent-stabilized tenant, in order to recover the apartment for his daughter's personal use. The court dismissed the case in February 2011 because landlord had failed to name and serve a necessary party with copies of the court papers. Landlord delivered a new court petition in September 2011, based on the same nonrenewal and termination notice previously delivered to tenant before starting the first case. Tenant claimed that the termination notice was stale, so the case should be dismissed. The court ruled against tenant.

Landlord sued to evict rent-stabilized tenant, in order to recover the apartment for his daughter's personal use. The court dismissed the case in February 2011 because landlord had failed to name and serve a necessary party with copies of the court papers. Landlord delivered a new court petition in September 2011, based on the same nonrenewal and termination notice previously delivered to tenant before starting the first case. Tenant claimed that the termination notice was stale, so the case should be dismissed. The court ruled against tenant. Landlord had started the second case before the first case had been dismissed. So landlord could rely on the termination notice and hadn't waived his right to reuse it for the second case.

Mostafa v. Sarker: Index No. 90673/11, NYLJ No. 1202559880422 (Civ. Ct. NY; 6/6/12; Milin, J)

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