Notice of Termination to Rent- Controlled Tenant Not Defective

December 1, 1996

LVT Number: 11069

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled against landlord and dismissed the case on the basis of a defective termination notice. Landlord appealed. The appeals court ruled for landlord and sent the case back for a trial. Landlord's 30-day termination notice set forth specific facts necessary to show nonprimary residence and the date that tenant was required to move out. Landlord wasn't required to send a separate notice under section 232-a of the state's Real Property Law to terminate the rent-controlled tenancy.

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled against landlord and dismissed the case on the basis of a defective termination notice. Landlord appealed. The appeals court ruled for landlord and sent the case back for a trial. Landlord's 30-day termination notice set forth specific facts necessary to show nonprimary residence and the date that tenant was required to move out. Landlord wasn't required to send a separate notice under section 232-a of the state's Real Property Law to terminate the rent-controlled tenancy.

Gruma Realty Corp. v. Friedman: NYLJ, p. 25, col. 1 (11/5/96) (App. T. 1 Dept.; Parness, JP, Freedman, Davis, JJ)

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