Landlord Used Nonrenewal Notice from Prior Case

May 31, 1996

LVT Number: 10633

Landlord sued to evict rent-stabilized tenant to recover apartment for his own use and occupancy. Tenant claimed that landlord's petition should be dismissed because landlord used the same nonrenewal notice that had been used in a prior eviction proceeding which had been dismissed. The court ruled for tenant and dismissed the case. The dismissal of the prior case, even for procedural reasons, terminated the entire matter. Landlord was required to serve a new termination notice before starting the new case.

Landlord sued to evict rent-stabilized tenant to recover apartment for his own use and occupancy. Tenant claimed that landlord's petition should be dismissed because landlord used the same nonrenewal notice that had been used in a prior eviction proceeding which had been dismissed. The court ruled for tenant and dismissed the case. The dismissal of the prior case, even for procedural reasons, terminated the entire matter. Landlord was required to serve a new termination notice before starting the new case.

Wilczewski v. Mercado: NYLJ, p. 28, col. 2 (5/15/96) (Civ. Ct. Kings; Finkelstein, J)

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