Landlord's 10-Day Notice to Cure Didn't Allow Time for Mailing

Landlord sued to evict tenant after sending a 10-day notice to cure followed by a termination notice. Just before the trial, tenant asked the court to dismiss the case. He claimed that landlord didn't give him enough time to cure. New York's top court had ruled previously that landlords must give tenants an additional five days if they send a 10-day notice to cure to tenants by mail. The court ruled for tenant and dismissed the case. Landlord appealed and lost. Landlord pointed out that tenant didn't ask the court to dismiss the case at the outset and didn't raise this issue in his answer to landlord's petition. The appeals court stated that it didn't matter that tenant didn't raise this issue until the eve of the trial. If the case had gone to trial, landlord could not prove that it had sent tenant a proper notice to cure.

W 54-7 LLC v. Schick: NYLJ, 1/11/07, p. 35, col. 4 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)