Termination Notice Claimed Illegal Sublet

July 31, 1994

LVT Number: 8982

Landlord sued to evict tenant for nonprimary residence. The court dismissed the case because the court papers weren't properly served. Landlord sued tenant again, but this time the notice of termination claimed that tenant was illegally subletting the apartment---it made no reference to nonprimary residence. The trial court ruled that the apartment wasn't tenant's primary residence. Tenant appealed, and the appeals court ruled for tenant. Landlord's termination notice didn't mention nonprimary residence. So the trial court shouldn't have decided the case on that basis.

Landlord sued to evict tenant for nonprimary residence. The court dismissed the case because the court papers weren't properly served. Landlord sued tenant again, but this time the notice of termination claimed that tenant was illegally subletting the apartment---it made no reference to nonprimary residence. The trial court ruled that the apartment wasn't tenant's primary residence. Tenant appealed, and the appeals court ruled for tenant. Landlord's termination notice didn't mention nonprimary residence. So the trial court shouldn't have decided the case on that basis. And landlord didn't prove its illegal sublet claim.

Hudson Associates v. Benoit: NYLJ, p. 25, col. 4 (7/15/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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