Landlord Can Rely on Nonrenewal Notice Sent Before Case Discontinued

LVT Number: 19343

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case. He said that a prior nonprimary residence proceeding had been discontinued and landlord had not sent a new nonrenewal notice before starting the new court proceeding. The court ruled against tenant. Landlord had discontinued the prior nonprimary residence proceeding after tenant answered and landlord discovered that the court papers had been delivered to tenant at the wrong address. Landlord sent tenant new court papers the next day.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case. He said that a prior nonprimary residence proceeding had been discontinued and landlord had not sent a new nonrenewal notice before starting the new court proceeding. The court ruled against tenant. Landlord had discontinued the prior nonprimary residence proceeding after tenant answered and landlord discovered that the court papers had been delivered to tenant at the wrong address. Landlord sent tenant new court papers the next day. Because the first case was discontinued for a technical defect and there was no delay in restarting, landlord could rely on the nonrenewal notice already sent to tenant.

808 West End Ave. LLC v. Pomeranz: NYLJ, 1/10/07, p. 23, col. 1 (Civ. Ct. NY; Finkelstein, J)