Petition Based on Inconsistent Claims

Facts: Landlord sent notice to cure to rent-stabilized tenant, making eight separate claims of substantial tenancy obligation violations. Landlord then sent a termination notice to tenant and started an eviction action based on the creation of nuisance by tenant and other occupants, overcrowding, illegal subletting or assignment of lease, and nonprimary residence. Tenant asked the court to dismiss the case without a trial. Court: Tenant wins. Landlord's claims of overcrowding and illegal subletting are inconsistent with the nonprimary residence claim. Some of landlord's claims suggest that tenant still lives in or maintains a connection with the apartment, while others indicate tenant has left altogether. The court pointed out that in some cases alternative claims were acceptable or proper. But in this case, they couldn't be because landlord didn't supply enough facts in the notices to make that determination.

Sunset Park Development Corp. v. Hickerson: NYLJ, p. 27, col. 2 (10/8/97) (Civ. Ct. Kings; Reichbach, J)