Landlord Can Use Prior Termination Notice for Second Nonprimary Residence Case

July 31, 2000

LVT Number: 14310

(Decision submitted by Manhattan attorney Jeffrey I. Aaron, who represented the landlord.) Landlord sent a termination notice to rent-stabilized tenant and then sued to evict tenant for nonprimary residence. The case was dismissed based on a procedural defect. Landlord then started a second eviction case without sending a new termination notice. Tenant claimed that this was improper and asked the court to dismiss the case. The court ruled against tenant. The first case was discontinued without prejudice after the second case was started.

(Decision submitted by Manhattan attorney Jeffrey I. Aaron, who represented the landlord.) Landlord sent a termination notice to rent-stabilized tenant and then sued to evict tenant for nonprimary residence. The case was dismissed based on a procedural defect. Landlord then started a second eviction case without sending a new termination notice. Tenant claimed that this was improper and asked the court to dismiss the case. The court ruled against tenant. The first case was discontinued without prejudice after the second case was started. So landlord didn't have to deliver a new termination notice.

35-40 Assocs. LLC v. Thomas: Index No. 113013/99 (Civ. Ct. NY 6/13/00; Fitzpatrick, J) [5-pg. doc.]

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