Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant didn’t answer the petition and failed to appear on the initial court date. The court then set a date for an inquest. Instead of seeking to vacate the default, tenant asked the court before the inquest date to dismiss the case. Tenant claimed that the signature on landlord’s termination notice wasn’t legible and that the notice lacked printed information under the signature line identifying the person who signed it on behalf of landlord. Tenant argued that the termination notice therefore was insufficient. The court ruled for tenant and dismissed the case. Landlord appealed and won.
Tenant then appealed and lost. Even if tenant had properly sought dismissal of the case without first asking the court to vacate his default, landlord’s termination notice was sufficient. Generally, a termination notice must be signed by landlord or, if named in the lease, landlord’s agent. But if tenant has had previous dealings with the agent and knows that he or she has been granted authority by landlord, a notice signed by the agent can be valid even without proof of the relationship to landlord. Here, tenant and his attorney had extensive prior dealings with landlord’s managing agent, who signed the termination notice for landlord as well as tenant’s prior renewal lease. Tenant also didn’t deny landlord’s claim that the apartment wasn’t his primary residence. Landlord’s case was properly reinstated, and landlord could go forward.
Ashley Realty Corp. v. Knight: NYLJ, 5/13/10, p. 36, col. 5 (App. Div. 1 Dept.; Tom, JP, Sweeny, Moskowitz, DeGrasse, Manzanet-Daniels, JJ)
