Landlord's Termination Notice Didn't Allow Sufficient Time
LVT Number: #31729
Landlord sued to evict tenant, claiming that tenant engaged in unreasonable behavior that substantially interfered with others' use and enjoyment of their units, and caused substantial safety hazards in the building. Landlord had served a notice to cure, claiming that tenant engaged in intentional harassment of its co-op board, the building super, and other residents. Tenant claimed that landlord's predicate notice was insufficient. The court ruled for tenant and dismissed the case. Although landlord's termination notice was sufficient because it alleged that the defaults specified in its notice to cure weren't cured during the relevant period, it didn't give sufficient notice. The termination notice didn't add five days to the notice period to account for mailing. This defect required dismissal of the case.
555 Owners Corp. v. Richardson: Index No. LT-0032/21, NYLJ No. 163649620 (Yonkers City Ct.; 11/1/21; Goldberg-Velazquez, J.)