Landlord Can't Rely on Prior Nonrenewal Notice

(Decision submitted by Samuel J. Himmelstein of the Manhattan law firm of Himmelstein, McConnell, Gribben & Donoghue, attorneys for the tenant.) Landlord sued to evict rent-stabilized tenant for nonprimary residence after sending tenant a nonrenewal notice (''Golub notice'') and a 30-day termination notice. Landlord discontinued the case without prejudice for technical reasons. Landlord then sent tenant a second 30-day termination notice and started a new eviction case after the termination period ended. Landlord didn't send tenant a new nonrenewal notice. Tenant asked the court to dismiss the case. The court ruled for tenant. Landlord can't rely on the prior nonrenewal notice to start a second nonprimary residence case. The only exception to this rule is when the second court case is started before dismissal or termination of the first case. Here, the first case was discontinued by a settlement agreement between the partie's attorneys. While it wasn't filed in court until about a month later, the effective date of the discontinuance of the first case was the date the settlement agreement was signed.

Wilshire Plz., LLC v. Kaye: L&T Index No. 99470/01 (Civ. Ct. NY 12/24/01; Elsner, J) [5-pg. doc.]