Landlord Can't Use Prior Nonrenewal Notice for Second Case

Landlord sued to evict tenant for owner occupancy. Tenant claimed that landlord's nonrenewal notice was invalid because it had been sent in a prior case, which had been dismissed. Landlord argued that this was an invalid defense. The court ruled against landlord. Landlord sent the nonrenewal notice in 1998. But the petition based on that notice was dismissed for not being properly delivered. Landlord didn't send a new nonrenewal notice before starting the second case. The court noted that in the nonrenewal notice, landlord claimed that it needed the apartment for his son while the son went to graduate school. Since the nonrenewal notice was over two years old when landlord started the second case, the circumstances may have changed.

Malafis v. Evans: NYLJ, 7/5/00, p. 34, col. 2 (Civ. Ct. Kings; Marton, J)