Landlord Improperly Relied on Prior Notice to Start Second Eviction Case

February 23, 2023

LVT Number: #32453

Landlord sued to evict month-to-month tenant. Tenant asked the court to dismiss the case, claiming that landlord improperly served an old predicate notice from a prior proceeding before starting the case, rather than issuing a new termination notice. Tenant argued that the prior case was dismissed due to landlord's failure to appear in court, so a new termination notice was required. The court agreed with tenant and dismissed the case without prejudice.

Landlord sued to evict month-to-month tenant. Tenant asked the court to dismiss the case, claiming that landlord improperly served an old predicate notice from a prior proceeding before starting the case, rather than issuing a new termination notice. Tenant argued that the prior case was dismissed due to landlord's failure to appear in court, so a new termination notice was required. The court agreed with tenant and dismissed the case without prejudice. Because the prior eviction proceeding was dismissed, the termination notice it was based on could not be revived to support the new eviction proceeding. 

New Prospect NY LLC v. Garcia: Index No. LYT313931/22, 2022 NY Slip Op 34465(U), NYLJ No. 1674487710 (Bronx Civ. Ct.; 12/22/22; Miller, J)

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