Landlord Can't Rely on Prior Termination Notice

Landlord sued to evict tenant in September 2007. Landlord and tenant signed a settlement agreement in court. Landlord agreed to discontinue that proceeding. Shortly thereafter, landlord started a new holdover proceeding, without first serving a new termination notice. Tenant asked the court to dismiss the case, because there was no proper termination notice. Landlord claimed that it properly relied on the prior termination notice, sent before it started the first case. The court ruled for tenant. The discontinuation of the first case terminated the entire matter, including the termination notice. Tenant was entitled to attorney's fees in the new case, because he was the prevailing party.

Manhattan Bridge Car Wash, Inc. v. Parise: NYLJ, 6/18/08, p. 28, col. 1 (Civ. Ct. NY; Marton, J)