Landlord's Notice to Cure Sublet Can't Be Amended

Landlord sued to evict rent-stabilized tenant after tenant failed to cure a lease violation. Landlord's notice to cure claimed that tenant sublet the apartment for nonresidential purposes for psychic and palm readings without landlord's consent and in violation of the building's C of O. At trial, the court allowed landlord to withdraw that portion of the cure notice that claimed tenant sublet the apartment and allowed landlord to show proof that tenant himself used the apartment for nonresidential purposes. The court ruled for landlord after a trial. Tenant appealed, claiming that landlord didn't prove what he had claimed in the notice to cure. The appeals court ruled for tenant. The trial court improperly permitted an amendment of landlord's notice to cure. The notice advised tenant only to cure the nonresidential use in connection with unauthorized subletting. It wasn't reasonable in this case to read the notice as stating separate nonresidential use and subletting claims. The case was dismissed.

Singh v. Ramirez: NYLJ, 9/2/08, p. 31, col. 3 (App. T. 2 Dept.; Golia, JP, Rios, Steinhardt, JJ)