Wrong Apartment Listed in 30-Day Notice

January 1, 1996

LVT Number: 10263

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant claimed landlord's 30-day notice was defective. The court ruled for tenant and dismissed the case. Landlord's notice correctly stated that landlord sought to evict tenant from apartment 3A. But the first sentence of the termination notice referred to the apartment as ''3F.'' Landlord argued that this was a minor typographical error and that the correct apartment number was given in several other places in the termination notice.

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant claimed landlord's 30-day notice was defective. The court ruled for tenant and dismissed the case. Landlord's notice correctly stated that landlord sought to evict tenant from apartment 3A. But the first sentence of the termination notice referred to the apartment as ''3F.'' Landlord argued that this was a minor typographical error and that the correct apartment number was given in several other places in the termination notice. But the error occurred in the body of the notice; the correct apartment number only appeared in other parts of the notice.

201-209 East 33rd St. Associates. v. Luciano: NYLJ, p. 33, col. 2 (12/6/95) (Civ. Ct. NY; Heitler, J)

Topics

More like this