Notice to Cure Required

February 1, 1993

LVT Number: 6712

Landlord sued to evict tenant for nuisance. Tenant claimed that landlord's petition was defective. Landlord stated in tenant's lease termination notice that tenant had violated a substantial obligation of his tenancy. By the terms of tenant's lease, landlord was required to serve tenant with a five-day notice to cure before bringing any court action. Landlord failed to do so. Landlord's petition was dismissed.

Landlord sued to evict tenant for nuisance. Tenant claimed that landlord's petition was defective. Landlord stated in tenant's lease termination notice that tenant had violated a substantial obligation of his tenancy. By the terms of tenant's lease, landlord was required to serve tenant with a five-day notice to cure before bringing any court action. Landlord failed to do so. Landlord's petition was dismissed.

[B.A. Associates Equities Corp. v. Baez: NYLJ, p. 25, col. 2 (1/6/93) (Civ. Ct. Kings; Andreacchi, J)].

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