Nonrenewal Notice Gave Fictitious Address

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case with- out a trial. Landlord's nonrenewal notice claimed that tenant lived at another address. The notice listed that address and a telephone number. Tenant claimed that the address listed in the notice didn't exist and the telephone number was tenant's number at her apartment. Tenant also produced her current and prior driver's licenses, a recent Social Security check, a current certificate of her nursing license, plus continuing education information, voter registration, life insurance payment book, employment mailings, and tax documents from 1996 through 2003. All of these documents showed the apartment as tenant's address. The court ruled for tenant and dismissed the case. Landlord presented no proof to support its claim in response to tenant's documentation. Landlord wasn't allowed to go on a fishing expedition for an alternative address for tenant. There was no factual question that required a trial.

Park City, LLC v. Sullivan: NYLJ, 4/14/04, p. 19, col. 3 (Civ. Ct. Queens; Badillo, J)