Notice Wasn't Defective

June 30, 1995

LVT Number: 9846

Landlord sued to evict tenant for illegal subletting or assignment. Tenant claimed that landlord's notice was defective. The court ruled for tenant and dismissed the petition. Landlord appealed. The appeals court ruled for landlord and reopened the case. Landlord's notice stated that tenant had unlawfully sublet or assigned his lease to named individuals, and that tenants were living at a specified address in New Jersey. This gave tenant enough facts to defend against the petition.

Landlord sued to evict tenant for illegal subletting or assignment. Tenant claimed that landlord's notice was defective. The court ruled for tenant and dismissed the petition. Landlord appealed. The appeals court ruled for landlord and reopened the case. Landlord's notice stated that tenant had unlawfully sublet or assigned his lease to named individuals, and that tenants were living at a specified address in New Jersey. This gave tenant enough facts to defend against the petition. And landlord could claim alternative grounds, subletting or assignment, for eviction since landlord hadn't had sufficient discovery yet to determine the nature of subtenants' occupancy.

Metropolitan Life Ins. Co. v. Harris: NYLJ, p. 28, col. 4 (6/19/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)

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