Termination Notice Required in Ejectment Case

Landlord sued to eject tenant from apartment. Landlord claimed that tenant's apartment violated the building's certificate of occupancy and couldn't be legalized. Tenant claimed that he was rent stabilized, since the building had at least six apartments. He asked the court to dismiss the case because landlord didn't send him a termination notice before starting the court case. Landlord argued that no termination notice was required in an ejectment action. The court ruled against landlord and dismissed the case. The facts of this case were different from those in another case, in which the court had ruled that no prior notice was needed. In that other case, landlord had already given tenant notices in a prior nonpayment case. Since there was no prior case or any prior notice in this case, landlord should have given tenant a termination notice. There was also no proof that tenant's apartment couldn't be legalized.

Prana Growth Fund I, LP v. Lazala: NYLJ, 6/15/05, p. 21, col. 1 (Sup. Ct. NY; Kapnick, J)