Landlord Can Use Prior Nonrenewal Notice for Second Case

(Decision submitted by Ranakdevi Chudasama of the Manhattan law firm of Kossoff & Unger, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant to recover his apartment for owner occupancy. While the court case was pending, landlord started a second eviction case against tenant on the same grounds. Landlord then discontinued the first case. Tenant asked the court to dismiss the second case. Tenant argued that landlord should have sent a second termination/lease nonrenewal notice before starting the second case. The court ruled against tenant. Generally, a nonrenewal notice becomes invalid if the case that follows it is discontinued. But there is an exception when landlord starts a second case on the same grounds before the first court case is terminated. In this situation, as was the circumstance here, landlord can rely on the prior nonrenewal notice for the second case.

Streicker v. Martini: L&T Index No. 90937/05 (Civ. Ct. NY 11/25/05; Milin, J) [3-pg. doc.]