Termination Notice Not Defective

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court ruled against landlord without trial. The court found that landlord's notice of termination only claimed illegal subletting and that landlord should, therefore, also have served a notice to cure. Landlord appealed. The appeals court ruled for landlord, and reopened the case. Landlord's notice of termination stated that tenant wasn't using the apartment as his primary residence, and that tenant maintained his primary residence and worked in New Jersey, owned another house in Connecticut, and had sublet the apartment for two years. No notice to cure was required, since primary residence status can't be reestablished or ''cured.''

Eichenbaum v. Mulbery: NYLJ, p. 24, col. 4 (3/10/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)