Termination Notice Listed Incorrect Name for Tenant

January 22, 2024

LVT Number: #33026

Landlord of an Orange County property sued to evict tenants after sending a 90-day termination notice. The court granted tenants' request to dismiss the case. Landlord's termination notice and petition listed the wrong name for one of the respondents. Because landlord knew, or should have known, the true name of Angie Aviles, and because there was no indication that landlord used due diligence to ascertain the true name of Angie Aviles, the 90-day notice addressed to "Awilda Aviles and any other occupants" was deficient and defective.

Landlord of an Orange County property sued to evict tenants after sending a 90-day termination notice. The court granted tenants' request to dismiss the case. Landlord's termination notice and petition listed the wrong name for one of the respondents. Because landlord knew, or should have known, the true name of Angie Aviles, and because there was no indication that landlord used due diligence to ascertain the true name of Angie Aviles, the 90-day notice addressed to "Awilda Aviles and any other occupants" was deficient and defective. Since the predicate termination notice couldn't be amended, the case must be dismissed.

Morel v. Aviles: Index No. LT-692/2023, 81 Misc.3d 1216(A), 2023 NY Slip Op 51355(U)(City Ct. Middletown; 12/11/24; JHO Guertin)

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