Nonrenewal Notice Signed by Managing Agent Not Defective

LVT Number: 12304

Landlord sued to evict tenant for nonprimary residence, claiming that landlord's nonrenewal notice was defective. The court ruled for tenant and dismissed the case. Landlord appealed and won. The nonrenewal notice had been signed by landlord's husband, who was the building's registered managing agent. So landlord's nonrenewal notice was legally proper and gave tenant sufficient notice of the case. Tenant knew or should have known who the managing agent was because the building was a small brownstone and the managing agent lived there.

Landlord sued to evict tenant for nonprimary residence, claiming that landlord's nonrenewal notice was defective. The court ruled for tenant and dismissed the case. Landlord appealed and won. The nonrenewal notice had been signed by landlord's husband, who was the building's registered managing agent. So landlord's nonrenewal notice was legally proper and gave tenant sufficient notice of the case. Tenant knew or should have known who the managing agent was because the building was a small brownstone and the managing agent lived there. Since tenant had no lease, there was no proof of any lease provision requiring notice from landlord personally.

D'Amato v. Leader: NYLJ, p. 28, col. 6 (4/27/98) (App. T. 1 Dept.; Parness, PJ, Freedman, Davis, JJ)