Termination Notice Gave Enough Facts

LVT Number: 10486

(Decision submitted by Michael R. Cohen of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant claimed that landlord's termination notice didn't contain enough facts, therefore the petition should be dismissed without trial. The court ruled against tenant. Landlord's 30-day notice didn't merely quote the language of the rent control law concerning termination.

(Decision submitted by Michael R. Cohen of the Manhattan law firm of Kucker Kraus & Bruh, attorneys for the landlord.) Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant claimed that landlord's termination notice didn't contain enough facts, therefore the petition should be dismissed without trial. The court ruled against tenant. Landlord's 30-day notice didn't merely quote the language of the rent control law concerning termination. Landlord clearly claimed that tenant had been living at a specified address in North Carolina for over six months out of each of the past two years. Landlord claimed that tenant maintained his driver's license and car registration at the out-of-state address. These were sufficient facts to maintain the proceeding.

Tamp Realty Co. v. Camposoulis: Index No. 77094/95 (2/2/96) (Civ. Ct. NY; Shulman, J) [13-page document]

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