Notice of Termination Didn't State Tenant's New Address

(Decision submitted by Gerald Shapiro of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Facts: Landlord sued to evict rent-stabilized tenant for illegally subletting his apartment. Tenant claimed that landlord's notice to cure and termination notice were defective because they didn't state an address where landlord claimed tenant was now living. Landlord's notices claimed that tenant was subletting the apartment to a named subtenant, along with ''John Doe'' and/or ''Jane Doe,'' that landlord had learned that tenant didn't live in the apartment, and that landlord didn't know where tenant was currently living. Tenant asked the court to dismiss the case without a trial Courts: Tenant loses. Landlord's notices stated its claim that tenant no longer lived in the apartment and had sublet or assigned the apartment to a named individual without landlord's permission. So landlord stated enough facts in its notices. Landlord wasn't required to state the actual address that tenant supposedly moved to after subletting the apartment. Landlord only had to prove that tenant wasn't living in the apartment and that subtenant was.

Bellstell 140 E. 56th St., LLC v. Layton: NYLJ, p. 32, col. 5 (2/17/99) (Civ. Ct. NY; Acosta, J)