Undated Nonrenewal Notice Not Fatally Defective

January 1, 2007

LVT Number: 19345

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant asked the court to dismiss the case. Tenant claimed that landlord's notice of nonrenewal of tenant's lease was defective because the notice was not dated. The court ruled against tenant. Tenant didn't claim that the notice was untimely, and landlord's proof of mailing showed that the notice was sent during the 90- to 150-day period required by law. Landlord's notice also stated sufficient facts. If tenant needed more information, he could request a bill of particulars.

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant asked the court to dismiss the case. Tenant claimed that landlord's notice of nonrenewal of tenant's lease was defective because the notice was not dated. The court ruled against tenant. Tenant didn't claim that the notice was untimely, and landlord's proof of mailing showed that the notice was sent during the 90- to 150-day period required by law. Landlord's notice also stated sufficient facts. If tenant needed more information, he could request a bill of particulars.

Kurpiewski v. Deflore: NYLJ, 12/26/06, p. 19, col. 3 (Civ. Ct. Kings; Kraus, J)

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