Landlord Can't Base New Illegal Sublet Claim on Old Termination Notice

Landlord sued to evict tenant for illegal subletting. The court ruled against landlord and dismissed the case because landlord’s predicate termination notice was invalid. Landlord appealed and lost. Landlord sent tenant a termination notice based on illegal subletting in March 2009. Landlord then sued to evict tenant and won the case, but tenant was given the opportunity to cure post-trial. Landlord used the same 2009 termination notice as the predicate for a second eviction proceeding in 2013. Landlord claimed in its 2013 court papers that tenant had installed a new subtenant. But, the prior illegal sublet having been cured, landlord couldn’t use the 2009 termination notice as the grounds for another illegal sublet claim four years later.

Barrett Japaning Inc. v. Bialobroda: 44 Misc.3d 144(A), 2014 NY Slip Op 51504(U) (App. T. 1 Dept.; 9/22/14; Shulman, JP, Hunter Jr., Ling-Cohan, JJ)