Nonrenewal Notice Not Defective

(Decision submitted by Susan Baumel-Cornicello of the Manhattan law firm of Cornicello & Tendler, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that landlord's nonrenewal notice was defective because it was ambiguous. The notice stated that landlord believed that tenant didn't occupy the apartment, and/or had little or no furnishings there, and/or maintained her primary residence at another specified address, and/or hadn't been seen at the building during the past two years, and/or lived at the apartment less than 180 days per year. The court ruled against tenant. Any reasonable reading of the nonrenewal notice makes it clear that landlord claimed that tenant didn't use the apartment as her primary residence.

254 E. 33rd St. Corp. v. Teitel: L&T Index No. 52745/05 (Civ. Ct. NY 4/26/05; Wendt, J) [15-pg. doc.]