Termination Notice Wasn't Timely Served

(Decision submitted by Samuel J Himmelstein of the Manhattan law firm of Himmelstein, McConnell & Gribben, attorneys for the tenant.) Landlord sued to evict tenant. Landlord's petition stated that on or about June 10, and at least 30 days before tenant's lease term expired, landlord sent tenant a termination notice. But landlord's petition also stated that tenant's lease expired on June 30, which was only 20 days after the termination notice. The court found that landlord's termination notice was improper and dismissed landlord's petition.

[Unicorn 151 Corp. v. Small: Index No. 81296/92 (Civ. Ct. Kings; Dowling, J)]. 2-page document.