Landlord Needn't Send Notices to Tenant in Brazil

December 16, 2013

LVT Number: #25210

Landlord sued to evict tenant and apartment occupant, claiming unauthorized subletting. The court denied a request by tenant and occupant to dismiss the case without a trial. They appealed and lost. Occupant didn't have standing to claim that landlord failed to send tenant a copy of its notice to cure, termination notice, and court papers at tenant's Brazil address. And neither Real Property Actions and Proceedings Law Section 735 nor tenant's lease required service of any notices to tenant's address there.

Landlord sued to evict tenant and apartment occupant, claiming unauthorized subletting. The court denied a request by tenant and occupant to dismiss the case without a trial. They appealed and lost. Occupant didn't have standing to claim that landlord failed to send tenant a copy of its notice to cure, termination notice, and court papers at tenant's Brazil address. And neither Real Property Actions and Proceedings Law Section 735 nor tenant's lease required service of any notices to tenant's address there.

575 Warren Street HDFC v. Barreto: 2013 NY Slip Op 52019(U), 2013 WL 6360655 (App. T. 2 Dept.; 11/29/13; Rios, JP, Pesce, Solomon, JJ)

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