Landlord's Illegal Sublet Claim Dismissed

Landlord sued to evict tenant for illegally subletting his apartment. Tenant claimed that landlord's notice to cure and termination notice were defective and that, therefore, the case should be dismissed. The court ruled for tenant. The termination notice stated that landlord's agent visited the apartment on Feb. 22, 2018, and that occupant was still residing there while tenant hadn't returned. But the termination notice was dated Feb. 20, 2018--two days earlier than the claimed conversation. In addition, landlord's court petition claimed that tenant had improperly sublet or assigned the apartment. But neither of landlord's notices contained facts supporting a claim that tenant had assigned the apartment to the occupant.

Anderson Ave. Assocs. v. Diarra: Index No. 16430/18, NYLJ No. 1545297624 (Civ. Ct. Bronx; 12/11/18; Garland, J)