Termination Notice Gave Enough Facts

LVT Number: 16996

(Decision submitted by Bronx attorney Jeffrey F. Cohen, attorney for the landlord.) Landlord sued to evict rent-stabilized tenant for violating her lease. Tenant claimed that landlord's notice to cure and termination notice didn't give enough facts and asked the court to dismiss the case. The court ruled against tenant. The notices said that tenant was violating a substantial obligation of her tenancy because she was using the apartment for business purposes.

(Decision submitted by Bronx attorney Jeffrey F. Cohen, attorney for the landlord.) Landlord sued to evict rent-stabilized tenant for violating her lease. Tenant claimed that landlord's notice to cure and termination notice didn't give enough facts and asked the court to dismiss the case. The court ruled against tenant. The notices said that tenant was violating a substantial obligation of her tenancy because she was using the apartment for business purposes. The notices further stated that tenant was conducting a catering or food preparation business from her apartment and that other tenants and building employees had observed this operation on a continuous basis. Landlord's notices stated enough facts so that tenant could prepare a defense.

Genc Realty LLC v. Diallo: Index No. 36728/03 (Civ. Ct. Bronx 11/10/03; Rashford, J) [3-pg. doc.]

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