Termination Notice Contains Enough Facts

July 31, 2006

LVT Number: 19012

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled for landlord. Tenant appealed, claiming that the court should have dismissed the case because landlord's termination notice didn't contain enough facts. The appeals court ruled against tenant. Tenant raised this argument for the first time on appeal, so it couldn't be considered. In addition, landlord's notice was sufficient. It claimed that tenant had two other residences, in Ramsey, N.J., and Wurtsboro, N.Y.

Landlord sued to evict rent-controlled tenant for nonprimary residence. The court ruled for landlord. Tenant appealed, claiming that the court should have dismissed the case because landlord's termination notice didn't contain enough facts. The appeals court ruled against tenant. Tenant raised this argument for the first time on appeal, so it couldn't be considered. In addition, landlord's notice was sufficient. It claimed that tenant had two other residences, in Ramsey, N.J., and Wurtsboro, N.Y. In support of its claim, landlord also identified various utility, telephone, and automobile-related documents issued to tenant at those addresses.

449 Second Corp. v. Napoli: NYLJ, 7/5/06, p. 35, col. 1 (App. T. 1 Dept.; McKeon, PJ, Davis, Gangel-Jacob, JJ)

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