Nonrenewal Notice Wasn't Defective

December 1, 1997

LVT Number: 11939

Landlord sued to evict tenant to recover the apartment for owner occupancy. Tenant claimed that landlord's notice of nonrenewal of tenant's lease was defective and asked the court to dismiss the case. The court ruled for tenant, and landlord appealed and won. The case was reopened. Landlord's nonrenewal notice stated that landlord lived in a rental apartment with his wife, and that he and his wife wanted to recover tenant's apartment so that they could convert the building to a single-family residence.

Landlord sued to evict tenant to recover the apartment for owner occupancy. Tenant claimed that landlord's notice of nonrenewal of tenant's lease was defective and asked the court to dismiss the case. The court ruled for tenant, and landlord appealed and won. The case was reopened. Landlord's nonrenewal notice stated that landlord lived in a rental apartment with his wife, and that he and his wife wanted to recover tenant's apartment so that they could convert the building to a single-family residence. Tenant had claimed there were inconsistencies between the nonrenewal notice and landlord's subsequent deposition testimony. But this didn't make the nonrenewal notice invalid. It just raised questions about landlord's good-faith intent, which was an issue for trial. Landlord's nonrenewal notice set forth enough facts so that it was legally valid.

Karmely v. Gill: NYLJ, p. 25, col. 3 (11/25/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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