Notice to Cure Not Defective

LVT Number: 15196

(Decision submitted by Sabrina B. Kraus of the Manhattan law firm of Borah, Goldstein, Altschuler, Schwartz & Nahins, PC, attorneys for the landlord.) Landlord sued to evict tenant for illegal subletting. Tenant claimed that landlord's notice to cure was defective and asked the court to dismiss the case. The court ruled against tenant. Landlord's notice sufficiently put tenant on notice that she sublet the apartment to the named subtenant without landlord's permission in violation of her lease and applicable law.

(Decision submitted by Sabrina B. Kraus of the Manhattan law firm of Borah, Goldstein, Altschuler, Schwartz & Nahins, PC, attorneys for the landlord.) Landlord sued to evict tenant for illegal subletting. Tenant claimed that landlord's notice to cure was defective and asked the court to dismiss the case. The court ruled against tenant. Landlord's notice sufficiently put tenant on notice that she sublet the apartment to the named subtenant without landlord's permission in violation of her lease and applicable law. It also stated that landlord had previously denied tenant's sublet request. Tenant was on notice that landlord claimed its denial of her sublet request was reasonable.

Kalimian v. Ewald: L&T Index No. 64339/01 (Civ. Ct. NY 7/3/01; Rodriguez, J) [11-pg. doc.]

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