Landlord's Notice for Ejectment Defective

July 31, 2007

LVT Number: #19769

Landlord cooperative corporation sued to eject tenant co-op shareholder from apartment based on objectionable conduct. Tenant asked the court to dismiss the case without a trial. She claimed that landlord violated the terms of the proprietary lease by improper delivery of the notice of her conduct and by sending a notice to cure after terminating her tenancy. The court ruled for tenant. Landlord had mailed tenant the notice of her objectionable conduct to her Post Office box. This was followed by a termination notice mailed to tenant's building address and the Post Office box.

Landlord cooperative corporation sued to eject tenant co-op shareholder from apartment based on objectionable conduct. Tenant asked the court to dismiss the case without a trial. She claimed that landlord violated the terms of the proprietary lease by improper delivery of the notice of her conduct and by sending a notice to cure after terminating her tenancy. The court ruled for tenant. Landlord had mailed tenant the notice of her objectionable conduct to her Post Office box. This was followed by a termination notice mailed to tenant's building address and the Post Office box. Tenant's lease required landlord to send any notice to tenant at the building. Landlord couldn't correct this defect by sending tenant another notice to cure after starting the case.

Trump Plaza Owners Inc. v. Weitzner: NYLJ, 7/25/07, p. 26, col. 1 (Sup. Ct. NY; Kapnick, J)

Topics

More like this