Notice to Quit Wasn't Defective

August 31, 1995

LVT Number: 9968

Landlord sued to evict apartment occupant as licensee after rent-controlled tenant died. Occupant claimed that landlord's notice to quit was defective. The court ruled against occupant on this issue, and he appealed. The appeals court again ruled against occupant and sent the case back for trial. Landlord's notice set forth the necessary facts; it wasn't necessary to get a certificate of eviction from the DHCR, since landlord claimed no landlord-tenant relationship existed.

Landlord sued to evict apartment occupant as licensee after rent-controlled tenant died. Occupant claimed that landlord's notice to quit was defective. The court ruled against occupant on this issue, and he appealed. The appeals court again ruled against occupant and sent the case back for trial. Landlord's notice set forth the necessary facts; it wasn't necessary to get a certificate of eviction from the DHCR, since landlord claimed no landlord-tenant relationship existed.

Reifeld Thompson & Riverside, Inc. v. Ho: NYLJ, p. 28, col. 5 (8/14/95) (App. T. 1 Dept.; Miller, JP, McCooe, Glen, JJ)

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