Landlord Can't Rely on Nonrenewal Notice from Prior Discontinued Case

April 30, 2003

LVT Number: 16523

Landlord sued to evict rent-stabilized tenant for owner occupancy. Landlord discontinued the case. Landlord then brought a new owner occupancy case based on the nonrenewal notice sent in the prior discontinued case. Tenant asked the court to dismiss the case. Tenant argued that landlord couldn't rely on the prior notice in the new case. Landlord claimed it could rely on the prior notice because he started the new eviction case before discontinuing the prior case. The court ruled for tenant and dismissed the case.

Landlord sued to evict rent-stabilized tenant for owner occupancy. Landlord discontinued the case. Landlord then brought a new owner occupancy case based on the nonrenewal notice sent in the prior discontinued case. Tenant asked the court to dismiss the case. Tenant argued that landlord couldn't rely on the prior notice in the new case. Landlord claimed it could rely on the prior notice because he started the new eviction case before discontinuing the prior case. The court ruled for tenant and dismissed the case. A nonrenewal notice doesn't survive dismissal of the eviction case that it's used for, and can't be used as the notice for a second eviction case.

Chen v. Brito: NYLJ, 4/9/03, p. 24, col. 6 (Civ. Ct. Kings; Sikowitz, J)

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