Petition Based on Vacate Order

April 30, 1995

LVT Number: 9647

Facts:- Landlord City of New York sued to evict tenant. Landlord claimed that HPD had issued a vacate order because the building was unsafe. But landlord didn't attach the vacate order to its notice of termination. There was no proof as to when the vacate order was issued or that it was ever sent to tenant. The court ruled against landlord and dismissed the case without a trial based on these procedural defects. Landlord appealed.

Facts:- Landlord City of New York sued to evict tenant. Landlord claimed that HPD had issued a vacate order because the building was unsafe. But landlord didn't attach the vacate order to its notice of termination. There was no proof as to when the vacate order was issued or that it was ever sent to tenant. The court ruled against landlord and dismissed the case without a trial based on these procedural defects. Landlord appealed.

City of New York v. Torres: NYLJ, p. 28, col. 5 (4/27/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, Glen, JJ)

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