Landlord Can Base Second Case on Same Nonrenewal Notice

August 31, 2009

LVT Number: #22156

Landlord sued to evict rent-stabilized tenant for nonprimary residence. While the case was still pending, landlord started a second court proceeding against tenant based on nonprimary residence. Tenant asked the court to dismiss the second case. Landlord didn't send tenant a new lease nonrenewal notice before starting the second case. The court and appeals court ruled against tenant. Landlord's June 2008 nonrenewal notice was sufficient to serve as a predicate notice for the second proceeding started in February 2009.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. While the case was still pending, landlord started a second court proceeding against tenant based on nonprimary residence. Tenant asked the court to dismiss the second case. Landlord didn't send tenant a new lease nonrenewal notice before starting the second case. The court and appeals court ruled against tenant. Landlord's June 2008 nonrenewal notice was sufficient to serve as a predicate notice for the second proceeding started in February 2009. The first case hadn't yet been terminated, and there was no harm caused to tenant by this action.

Bowman Realty Corp. v. Morrison: NYLJ, 8/11/09, p. 32, col. 1 (App. T. 1 Dept.; McKeon, PJ, Heitler, Shulman, JJ)

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