Landlord Sent Renewal Lease Before Nonrenewal Notice

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case. Before landlord sent tenant the notice of lease nonrenewal and termination, it had mailed to tenant a renewal lease offer. Tenant signed the renewal lease and sent it back to landlord. The court ruled for tenant. Landlord appealed and lost. A renewal lease was created, even though landlord didn't countersign the document and send a fully executed copy back to tenant.  One judge disagreed with the appeals panel, noting that tenant's motion to dismiss the case included no statement by tenant based on personal knowledge but only an attorney's statement with documents attached. 

Perez Realties LLC v. Ottley: 42 Misc.3d 148(A), 2014 NY Slip Op 50399(U) (App. T. 2 Dept.; 3/5/14; Pesce, PJ, Weston [dissenting], Solomon, JJ)