Illegal Sublet Claim Dismissed

Landlord sued to evict rent-stabilized tenant for unlawfully subletting his apartment without landlord's permission. Tenant asked the court to dismiss the case. Landlord claimed that tenant had failed to comply with a 10-day notice to cure issued before the lease termination notice to tenant. But landlord stated simply, in boilerplate language, that tenant "failed to comply" with the cure notice, without stating any additional facts. So landlord didn't advise tenant in its termination notice of sufficiently particular facts that it believed established its case. The notice to cure expired just two days before the termination notice was issued and the gap period fell over a holiday weekend. This indicated a lack of good faith since little or no investigation could have taken place to find out whether tenant had cured the claimed sublet. An illegal sublet can be cured in several different ways. Someone that landlord claimed was a subtenant could remain in the apartment while a sublet was cured. 

2704 University Ave. Realty Corp. v. Thompson: 63 Misc.3d 1222(A), 2019 NY Slip Op 50652(U) (Civ. Ct. Bronx; 5/2/19; Ibrahim, J)