Landlord's Default Notice to Co-op Shareholder Based on Barking Dog Wasn't Defective

Landlord cooperative corporation sued to evict shareholder tenant based on "excessive and disturbing noise" coming from tenant's apartment, which resulted from tenant's failure to control her dog's persistent barking. Tenant asked the court to dismiss the case, claiming that landlord's default notice was defective. The court ruled against tenant, who appealed and lost. Landlord's notice was sufficiently specific to apprise tenant of the underlying facts claimed, and included a log of complaints that building staff received from residents concerning the dates and times of constant barking from March 2021 to December 2021. The notice also cited the relevant proprietary lease provisions and house rules violated, and warned tenant that failure to cure the default by preventing the dog's incessant barking or permanently removing dog from the apartment by Jan. 31, 2022, would result in the eviction proceeding.

Eastmore Owners Corp. v. Zelmanovich: Index No. 570427/24, 2024 NY Slip Op 51599(U), 84 Misc.3d 141(A)(App. T. 1 Dept.; 11/25/24; Hagler, PJ, Brigantti, James, JJ)