Notice to Cure and Termination Notice Contradict Each Other

April 30, 1997

LVT Number: 11476

Landlord sued to evict rent-controlled tenant for illegal subletting. Tenant claimed that landlord's notices were defective and asked that the case be dismissed. The court ruled for tenant. Landlord's notice to cure asked tenants to cure an illegal sublet. On the other hand, landlord's subsequent termination notice claimed illegal sublet and that tenant was a nonprimary resident, which wasn't a curable condition. The notices were contradictory and therefore incurably defective.

Landlord sued to evict rent-controlled tenant for illegal subletting. Tenant claimed that landlord's notices were defective and asked that the case be dismissed. The court ruled for tenant. Landlord's notice to cure asked tenants to cure an illegal sublet. On the other hand, landlord's subsequent termination notice claimed illegal sublet and that tenant was a nonprimary resident, which wasn't a curable condition. The notices were contradictory and therefore incurably defective.

327 Central Park West, LLC v. Harwood: NYLJ, p. 27, col. 1 (4/23/97) (Civ. Ct. NY; James, J)

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