Notice of Termination Not Issued by Landlord

September 30, 1996

LVT Number: 10915

(Decision submitted by Manhattan attorney Bruce Levinson, who represented the tenant.) Landlord sued to evict tenant. Tenant claimed that landlord's termination notice was defective. The court ruled for tenant and dismissed the case. The termination notice was either issued on behalf of an entity that wasn't landlord or the named petitioners weren't landlords. The person who signed the termination notice did so as agent of 156 West 73rd Street Co. But there was no proof attached to the notice indicating that 156 West 73rd Street Co. was acting as agent of the named petitioners.

(Decision submitted by Manhattan attorney Bruce Levinson, who represented the tenant.) Landlord sued to evict tenant. Tenant claimed that landlord's termination notice was defective. The court ruled for tenant and dismissed the case. The termination notice was either issued on behalf of an entity that wasn't landlord or the named petitioners weren't landlords. The person who signed the termination notice did so as agent of 156 West 73rd Street Co. But there was no proof attached to the notice indicating that 156 West 73rd Street Co. was acting as agent of the named petitioners. In either case, the notice was defective.

Moss v. Kerner: L&T Index No. 88800/96 (9/6/96) (Civ. Ct. NY; Stallman, J) [3-page document]

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