Notice to Cure Not Required in Chronic Nonpayment Case

November 1, 2004

LVT Number: 17680

(Decision submitted by Gary D. Friedman of the New Hyde Park law firm of Gutman, Mintz, Baker & Sonnenfeldt, PC, attorneys for the landlord.) Landlord sued to evict tenant for chronic nonpayment of rent. Tenant asked the court to dismiss the case because landlord never sent him a notice to cure before starting the eviction case. The court ruled against tenant. Landlord wasn't required to send tenant a notice to cure. Chronic nonpayment of rent is a pattern of conduct that by its nature isn't capable of any meaningful cure.

(Decision submitted by Gary D. Friedman of the New Hyde Park law firm of Gutman, Mintz, Baker & Sonnenfeldt, PC, attorneys for the landlord.) Landlord sued to evict tenant for chronic nonpayment of rent. Tenant asked the court to dismiss the case because landlord never sent him a notice to cure before starting the eviction case. The court ruled against tenant. Landlord wasn't required to send tenant a notice to cure. Chronic nonpayment of rent is a pattern of conduct that by its nature isn't capable of any meaningful cure.

Library Arms Assocs. v. Frederick: L&T Index No. 67116/04 (Civ. Ct. Kings 9/30/04; Fitzpatrick, J) [4-pg. doc.]

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