Notice to Cure Not Required

LVT Number: 10957

Landlord sued to evict tenant for nuisance. Tenant asked the court to dismiss the case because landlord hadn't served tenant a notice to cure. The court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant on this issue. Landlord properly served tenant with a termination notice. No notice to cure was needed. Tenant's conduct included consistently banging on and loitering in front of other tenants' apartments, continuously running water in his apartment at all hours of the day and night, and menacing other tenants in the stairway.

Landlord sued to evict tenant for nuisance. Tenant asked the court to dismiss the case because landlord hadn't served tenant a notice to cure. The court ruled against tenant, and tenant appealed. The appeals court again ruled against tenant on this issue. Landlord properly served tenant with a termination notice. No notice to cure was needed. Tenant's conduct included consistently banging on and loitering in front of other tenants' apartments, continuously running water in his apartment at all hours of the day and night, and menacing other tenants in the stairway. This type of ongoing conduct isn't considered curable, so a notice to cure isn't required.

Lemle v. Gewirtz: NYLJ, p. 25, col. 2 (9/4/96) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ)