Nonrenewal Notice Not Defective

September 30, 1995

LVT Number: 10033

Landlord sued to evict tenant for nonprimary residence. Tenant claimed landlord's notice of nonrenewal was defective. The court ruled for tenant and dismissed landlord's petition. Landlord appealed. The appeals court ruled for landlord and reopened the case. Landlord's nonrenewal notice claimed that tenant was absent from the apartment for at least 183 days of the year and that tenant primarily resided at an address in Plainview, N.Y. Landlord's petition stated that tenants were living at a different address in Thompsonville, N.Y.

Landlord sued to evict tenant for nonprimary residence. Tenant claimed landlord's notice of nonrenewal was defective. The court ruled for tenant and dismissed landlord's petition. Landlord appealed. The appeals court ruled for landlord and reopened the case. Landlord's nonrenewal notice claimed that tenant was absent from the apartment for at least 183 days of the year and that tenant primarily resided at an address in Plainview, N.Y. Landlord's petition stated that tenants were living at a different address in Thompsonville, N.Y. Still, this discrepancy didn't make the nonrenewal notice ``fatally defective'' or hurt tenant's ability to defend himself.

Melohn v. Eckert: NYLJ, p. 25, col. 3 (9/20/95) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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