Landlord's Termination Notice Sufficiently Supported Claim

Landlord sued to evict a Mitchell-Lama co-op shareholder tenant after serving a notice to cure and termination notice in 2023. Tenant asked the court to dismiss the case, claiming the termination notice didn't state facts specific enough to support an assertion that tenant failed to cure the claimed condition.

The court ruled against tenant. A landlord must state nonconclusory facts relevant to the lack of a cure in a termination notice if a cure notice was served. Here, landlord's termination notice reiterated each of the allegations in the notice to cure and specifically stated that "you failed to cure your default, despite the fact that the landlord served you with a Notice to Cure dated Sept. 13, 2023." That statement was followed by supporting facts, including the continued failure to give access for repairs. The court ruled against tenant, finding that the specific reference to the lack of a cure and sufficient facts to support the same were adequate to "pass muster" to meet the basic requirement that a predicate notice must be reasonable "in view of the attendant circumstances."

Rochdale Vil., Inc. v. Wright: Index No. L&T 319576/23, 2025 NY Slip Op 30059(U)(Civ. Ct. Queens; 1/3/25; Guthrie, J)