Landlord Sent Rent Bill After Notice of Termination

(Decision submitted by Joel A. Mitofsky of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant claimed the case should be dismissed because landlord sent a rent bill after the termination notice was served. The court ruled against tenant on this issue. The rent bill was addressed to tenant's deceased husband, not tenant. So the rent bill didn't invalidate the notice of termination.

295 Central Park West, Inc. v. Borodkin: L&T Index No. 121770/94 (4/17/95) (Civ. Ct. NY; Friedman, J) [2-page document]