Landlord's Filing of Second Predicate Notice Nullified Eviction Proceeding

August 23, 2022

LVT Number: #32184

Landlord of a two-family house sued to evict tenant, who received Section 8 vouchers. Tenant asked the court to dismiss the case or give tenant time to file an amended answer. The court ruled for tenant because landlord had filed a second predicate notice. This nullified the first predicate notice, on which the case was based. And the second predicate notice was inconsistent with the first notice.

Landlord of a two-family house sued to evict tenant, who received Section 8 vouchers. Tenant asked the court to dismiss the case or give tenant time to file an amended answer. The court ruled for tenant because landlord had filed a second predicate notice. This nullified the first predicate notice, on which the case was based. And the second predicate notice was inconsistent with the first notice.

McKay v. Farquharson: Index No. 301227/20, 2022 NY Slip Op 50646(U), 75 Misc 3d 1223 (A), NYLJ No. 1658188785 (Civ. Ct. Queens; 7/15/22; Sanchez, J)

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