Tenant Waived Claim of Defective Notice

April 1, 1993

LVT Number: 6898

Landlord sued to evict tenant, claiming that he was a licensee. After the court ruled for landlord, tenant claimed that landlord's notice to quit was defective because landlord didn't send a 30-day termination notice. The trial court dismissed landlord's petition, and landlord appealed. Landlord pointed out that tenant didn't raise this issue until there'd been a judgment for landlord. By this time, the case had been pending for over two years. The appeals court ruled that tenant had waited too long to raise the issue, noting that tenant was represented by an attorney.

Landlord sued to evict tenant, claiming that he was a licensee. After the court ruled for landlord, tenant claimed that landlord's notice to quit was defective because landlord didn't send a 30-day termination notice. The trial court dismissed landlord's petition, and landlord appealed. Landlord pointed out that tenant didn't raise this issue until there'd been a judgment for landlord. By this time, the case had been pending for over two years. The appeals court ruled that tenant had waited too long to raise the issue, noting that tenant was represented by an attorney. The final judgment for landlord was reinstated.

Priel v. Priel: NYLJ, p. 25, col. 3 (3/5/93) (App. T. 1 Dept. [Parness, JP, Miller, McCooe, JJ]

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