Landlord's Issuance of Rent Demand During Eviction Proceeding Vitiated Termination Notice

Landlord sued to evict rent-stabilized tenant for creating a nuisance. At trial, the tenant below testified that he heard running, screaming, banging, and ball playing at various times and had trouble sleeping as a result. Tenant asked the court to dismiss the case after landlord served him with a rent demand while the trial was pending. Tenant claimed that this vitiated the 2020 termination notice that was based on the claimed nuisance conditions. Landlord's issuance of a 14-day rent demand was contrary to its position in the holdover proceeding trial and incompatible with the termination notice. The rent demand wasn't retracted and was the last notice to be issued to the tenant. The eviction case was dismissed without prejudice.

Primor Assoc. LLC v. Delvalle: Index No. 301055/21, 2023 NY Slip Op 33884(U)(Civ. Ct. Queens; 10/31/23; Sanchez, J)