Eviction Petition Dismissed Based on Defects in Notice to Cure

Landlord sued to evict rent-stabilized tenant for lease violations and creating a nuisance. Tenant asked the court to dismiss the case based on procedural failure. Tenant claimed that landlord failed to identify a lease provision that tenant allegedly violated, landlord's notice to cure contained conflicting addresses, and the termination notice failed to state specific facts supporting any nuisance instances beyond the cure period.

Landlord argued that it wasn't required to cite specific lease provisions that tenant violated because to brought the eviction pursuant to RSC Sections 2524.3(a) and (b), which didn't require a cure notice.

The court ruled for tenant and dismissed the case due to the defective cure notice. Although the cure notice was correctly addressed to tenant at the apartment address in Brooklyn, the body of that notice identified the subject premises and the conduct to be cured as occurring at a different address in Queens County.  Landlord argued that this shouldn't matter since a cure notice wasn't required, but the court found this argument unreasonable. Since landlord served a cure notice, it was bound by it, and predicate notices couldn't be amended. The court didn't discuss tenant's other claims, and the case was dismissed without prejudice.

Meadow Manor LLC v. Bermudez: Index No. 054638/20, NYLJ No. 1634625796 (Civ. Ct. Queens; 10/1/21; Ressos, J)