Nonpayment Cases Don't Invalidate Termination Notice

April 1, 2006

LVT Number: 18797

Landlord sued to evict month-to-month tenant. Tenant claimed he was rent stabilized and protected by the Loft Law. The court ruled for tenant and dismissed the case. Landlord appealed. While the appeal was pending, landlord sued to evict tenant for nonpayment of rent. Tenant owed five years' back rent. In the nonpayment case, landlord stated that tenant was subject to the Loft Law. Tenant then asked the appeals court to dismiss landlord's appeal. Tenant said that the nonpayment case invalidated landlord's prior termination notice. The appeals court ruled against tenant.

Landlord sued to evict month-to-month tenant. Tenant claimed he was rent stabilized and protected by the Loft Law. The court ruled for tenant and dismissed the case. Landlord appealed. While the appeal was pending, landlord sued to evict tenant for nonpayment of rent. Tenant owed five years' back rent. In the nonpayment case, landlord stated that tenant was subject to the Loft Law. Tenant then asked the appeals court to dismiss landlord's appeal. Tenant said that the nonpayment case invalidated landlord's prior termination notice. The appeals court ruled against tenant. A final ruling had been made in the first eviction case before landlord started the nonpayment case. So the nonpayment case didn't invalidate the termination notice.

Coraster Holding Co., Inc. v. Mastny: NYLJ, 3/17/06, p. 26, col. 4 (App. T. 2 Dept.; Pesce, PJ, Patterson, Rios, JJ)

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