Notice to Cure Not Required to Evict Dangerous Tenant

(Decision submitted by Michael R. Cohen, of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Landlord sued to evict tenant for ongoing nuisance. Tenant claimed that landlord didn't serve a notice to cure. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant. Tenant's lease stated that a 10-day notice to cure was required for ''Improper conduct by Tenant annoying other tenants.'' But tenant's behavior, which included sexual harassment and disturbing other tenants to the point where the police were called in, went beyond nuisance and rose to the level of endangerment. Therefore service of a notice to cure wasn't necessary before starting the eviction action.

Lemle v. Gewirtz: Index No. 101284 (1/25/96) (Civ. Ct. NY; Klein Heitler, J) [8-page document]