Landlord Can't Rely on Prior Nonrenewal Notice

September 30, 1993

LVT Number: 8224

Landlord sued to evict tenant in order to recover the apartment for owner occupancy. Landlord served a nonrenewal notice on tenant in February 1991, and started an eviction proceeding in September of that year. That case was dismissed. Landlord started a second eviction proceeding in March 1992, but then discontinued it. In July 1992, landlord started a third eviction proceeding. Landlord relied on the same nonrenewal notice served in February 1991. The court dismissed the case. Dismissal of the prior eviction proceeding had ended the case.

Landlord sued to evict tenant in order to recover the apartment for owner occupancy. Landlord served a nonrenewal notice on tenant in February 1991, and started an eviction proceeding in September of that year. That case was dismissed. Landlord started a second eviction proceeding in March 1992, but then discontinued it. In July 1992, landlord started a third eviction proceeding. Landlord relied on the same nonrenewal notice served in February 1991. The court dismissed the case. Dismissal of the prior eviction proceeding had ended the case. Landlord had to start over with a new notice of nonrenewal before evicting tenant.

Kirschenbaum v. Nero: NYLJ, p. 23, col. 5 (9/82/93) (Civ. Ct. Kings; Rivera, J)

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