Notices Needn't Be Delivered to Undertenant

June 30, 1999

LVT Number: 13346

(Decision submitted by Lake Success attorney Scott D. Gross, who represented the landlord.) Landlord sued to evict tenant. The court dismissed landlord's petition because landlord's notice to cure and termination notice weren't delivered to the people named in the petition as undertenants. Landlord appealed. The appeals court ruled for landlord and sent the case back for further action. To be entitled to judgment, landlord had to prove only that it terminated tenant's lease in accordance with its terms.

(Decision submitted by Lake Success attorney Scott D. Gross, who represented the landlord.) Landlord sued to evict tenant. The court dismissed landlord's petition because landlord's notice to cure and termination notice weren't delivered to the people named in the petition as undertenants. Landlord appealed. The appeals court ruled for landlord and sent the case back for further action. To be entitled to judgment, landlord had to prove only that it terminated tenant's lease in accordance with its terms. Since tenant's lease didn't require delivery of notices to undertenants, landlord's failure to deliver notices to the undertenants wasn't a reason to dismiss landlord's eviction case.

Amalgamated Warbasse Houses v. Shafer: NYLJ, p. 32, col. 2 (6/16/99) (App. T. 2 Dept.; Aronin, JP, Skolnick, Patterson, JJ)

Topics

More like this