Landlord's Claim that Tenant and Boyfriend Stole Other Tenant's Packages Dismissed
LVT Number: #29707
Landlord sued to evict rent-stabilized tenant for violating her lease by stealing packages delivered for other tenants in the building. Landlord also claimed that she did this with her boyfriend's assistance. Tenant asked the court to dismiss the case because landlord didn't send a notice to cure. The court ruled for tenant. Tenant claimed that she lived in the unit with her daughter and didn't have a boyfriend or know anyone by the name landlord stated in its termination notice. It turned out that the father of tenant's daughter knew the man in question, who used tenant's phone as his own but denied ever stealing any packages from the building. Landlord's termination notice stated only one factual predicate as a lease violation and that claim was partially found to be false. The activity didn't rise to a cumulative pattern of tenant wrongdoing that was incapable of any meaningful cure.
F2 Owner LLC v. England: Index No. 068147/2018, NYLJ No. 1535935994 (Civ. Ct. Kings; 8/23/18; Sikowitz, J)