Landlord Didn't Have to Serve Nonrenewal Notice on Subtenant

LVT Number: #22720

Landlord sued to evict rent-stabilized tenant. Subtenant appeared in court and claimed that landlord didn’t send him a copy of the lease nonrenewal notice before starting the eviction proceeding. Subtenant also claimed improper service of landlord's court papers. The court ruled against subtenant, who appealed and lost. Subtenant wasn’t entitled to a hearing since service of the nonrenewal notice on tenant was sufficient, and landlord wasn’t required to serve subtenant separately.

Landlord sued to evict rent-stabilized tenant. Subtenant appeared in court and claimed that landlord didn’t send him a copy of the lease nonrenewal notice before starting the eviction proceeding. Subtenant also claimed improper service of landlord's court papers. The court ruled against subtenant, who appealed and lost. Subtenant wasn’t entitled to a hearing since service of the nonrenewal notice on tenant was sufficient, and landlord wasn’t required to serve subtenant separately. And even if subtenant didn’t waive his objection to service of the court petition, his unsworn and conclusory claim of improper service wasn’t enough to rebut the affidavit of service by landlord’s process server.

ST Owner LP v. Adams: NYLJ, 6/2/10, p. 32, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Shulman, JJ)