No Dates, Times, or Facts Set Forth in Notices to Tenant

LVT Number: #31397

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord's papers contained no details of specific incidents or identities of tenants affected by his alleged behavior. The court ruled for tenant and dismissed the case. Landlord's termination notice stated that management had received additional complaints concerning tenant's behavior after landlord's notice to cure had expired.

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord's papers contained no details of specific incidents or identities of tenants affected by his alleged behavior. The court ruled for tenant and dismissed the case. Landlord's termination notice stated that management had received additional complaints concerning tenant's behavior after landlord's notice to cure had expired. But the cure notice cited only one instance of offending conduct, and the termination notice failed to allege any date, time, or any facts to support a claim that offending behavior continued after the cure date. Therefore, it wasn't reasonable to expect tenant to fashion a defense based on vague claims of nuisance without any information specified. 

Site 15 Affordable Assocs. LLC v. Merkinson: Index No. 056885/19, NYLJ No. 1618338074 (Civ. Ct. NY; 4/5/21; Sikowitz, J)