Notice to Cure Was Specific Enough

Landlord sued to evict cooperative tenant for making excessive noise, in violation of tenant's proprietary lease and house rules. Tenant claimed that landlord's notice to cure wasn't specific enough and asked the court to dismiss the case without a trial. The court ruled for tenant. Landlord appealed and won. Landlord's notice to cure stated that tenant permitted unreasonable noises to come from his apartment and that tenant engaged in a course of conduct that substantially interfered with the rights of other tenants in the building. The notice also stated that the offending noises continued at all hours of the day and night and included yelling and screaming, stomping, unreasonably loud television and stereo playing, door slamming, dog barking, and vacuuming during late evening and early morning hours. The notice was sufficiently detailed to notify tenant of the grounds for the claimed lease violations.

Gracie Gardens Owners Corp. v. Goldfarb: NYLJ, 9/24/01, p. 19, col. 4 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)