Landlord Sent Nonrenewal Notice on Time

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that landlord didn't send its notice of nonrenewal of tenant's lease on time. The rent stabilization law requires landlord to send the notice to tenant between 150 and 120 days before the current lease expires. Tenant claimed that landlord's notice was sent 119 days before the lease expiration. The court ruled against tenant. Tenant excluded the first and last day of the 120-day period in his calculation of the service date of landlord's nonrenewal notice. While generally, the first day should be left out in calculating a time period, the last day of the period must be included in the calculation. Landlord properly sent the notice 120 days before tenant's last lease expired.

MHM Sponsors Co. v. Millman: NYLJ, 3/29/00, p. 27, col. 3 (Civ. Ct. NY; Hagler, J)