Notice of Termination Not Defective

March 1, 1993

LVT Number: 6779

Landlord sued to evict tenant. The trial court dismissed landlord's petition, finding landlord's notice of termination defective. Landlord appealed, and the appeals court reversed and sent the case back for a trial. Landlord's petition sufficiently set forth a cause of action for recovery of the apartment based on tenant's supposed refusal to sign a renewal lease. Tenant's claim that the signature on landlord's notice wasn't legible didn't make it invalid.

Landlord sued to evict tenant. The trial court dismissed landlord's petition, finding landlord's notice of termination defective. Landlord appealed, and the appeals court reversed and sent the case back for a trial. Landlord's petition sufficiently set forth a cause of action for recovery of the apartment based on tenant's supposed refusal to sign a renewal lease. Tenant's claim that the signature on landlord's notice wasn't legible didn't make it invalid.

[430 Realty Co. v. Alpert: NYLJ, p. 21, col. 5 (2/3/93) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)].

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