Landlord's Notice Didn't State Sufficient Facts

August 24, 2015

LVT Number: #26464

Landlord sued to evict Mitchell-Lama co-op tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that landlord couldn’t sue for eviction for an illegal sublet to an immediate family member. The court agreed with landlord that tenant misstated the grounds for the complaint. But landlord’s notice to cure failed to set forth any facts upon which the claim was based. It also failed to state what conduct was needed to cure the breach of tenant’s proprietary lease. Therefore, the case must be dismissed due to the defective notice.

Landlord sued to evict Mitchell-Lama co-op tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that landlord couldn’t sue for eviction for an illegal sublet to an immediate family member. The court agreed with landlord that tenant misstated the grounds for the complaint. But landlord’s notice to cure failed to set forth any facts upon which the claim was based. It also failed to state what conduct was needed to cure the breach of tenant’s proprietary lease. Therefore, the case must be dismissed due to the defective notice.

 

 

 

Astor Row Housing Development Fund Corp. v. Rodriguez: Index No. 252489/2014, NYLJ No. 1202732550467 (Civ. Ct. NY; 6/29/15; Ramirez, J)

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