Minor Defects in Nonrenewal Notice

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that landlord's nonrenewal notice was defective because it contained certain irregularities. For example, tenant's name was misspelled and the masculine pronouns ''he'' and ''his'' were used, even though tenant is female. The court ruled for tenant and dismissed the case. Landlord appealed. The appeals court ruled for landlord and sent the case back for trial. The irregularities weren't substantial enough to render the notice invalid. Also, landlord's notice claimed that tenant was rarely, if ever, seen at the apartment and that tenant owned a home in Germany and maintained a primary residence and eight cars in Southampton. These were sufficient facts to inform tenant of landlord's claim.

Ursula Realty Corp. v. Salm: NYLJ, p. 25, col. 2 (10/30/96) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)