Nonrenewal Notice Defective

November 1, 1996

LVT Number: 10999

Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord's nonrenewal notice was defective. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. Landlord's nonrenewal notice stated only that landlord believed that tenants were employed by a corpor-ation with offices in both Paramus and Trenton, N.J. The trial court noted that both of these locations were within commuting distance of New York. Landlord stated no other facts supporting its claim of nonprimary residence.

Landlord sued to evict tenant for nonprimary residence. Tenant claimed that landlord's nonrenewal notice was defective. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. Landlord's nonrenewal notice stated only that landlord believed that tenants were employed by a corpor-ation with offices in both Paramus and Trenton, N.J. The trial court noted that both of these locations were within commuting distance of New York. Landlord stated no other facts supporting its claim of nonprimary residence. So the notice was insufficient to support eviction proceedings.

Westminster Properties, Ltd. v. Trokel: NYLJ, p. 28, col. 6 (10/21/96) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)

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