Landlord Can't Base Second Eviction Proceeding on Same Nonrenewal Notice

July 17, 2014

LVT Number: #25636

Landlord sued to evict rent-stabilized tenant for owner occupancy after sending tenant a "Golub" notice of lease nonrenewal. The court case was dismissed one year after it was started based on landlord's failure to send NYCHA a copy of its court papers. Two months later, landlord started a new eviction proceeding against tenant for owner occupancy, without sending tenant a new Golub notice. The court dismissed the new case. Almost two years had passed since the Golub notice was served.

Landlord sued to evict rent-stabilized tenant for owner occupancy after sending tenant a "Golub" notice of lease nonrenewal. The court case was dismissed one year after it was started based on landlord's failure to send NYCHA a copy of its court papers. Two months later, landlord started a new eviction proceeding against tenant for owner occupancy, without sending tenant a new Golub notice. The court dismissed the new case. Almost two years had passed since the Golub notice was served. And the first case was dismissed because landlord didn't send a copy of the Golub notice to NYCHA. So that notice was defective and couldn't be used as the predicate notice for the new proceeding.

Newshan v. Cruz: Index No. 53393/13, NYLJ No. 1202657554034 (Civ. Ct. Queens; 5/22/14; Ressos, J)

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