Termination Notice Not Defective

November 1, 1996

LVT Number: 11037

Landlord sued to evict tenant for illegal subletting or assignment. Tenant claimed that landlord's termination notice was defective. The court ruled for tenant and dismissed landlord's petition. Landlord appealed. The appeals court reversed and reopened the case. Landlord's termination notice claimed that tenant had sublet and/or assigned her rent-stabilized apartment without consent to a named subtenant. The notice claimed, alternatively, that tenant had a primary residence in California and had allowed a roommate into the apartment without informing landlord.

Landlord sued to evict tenant for illegal subletting or assignment. Tenant claimed that landlord's termination notice was defective. The court ruled for tenant and dismissed landlord's petition. Landlord appealed. The appeals court reversed and reopened the case. Landlord's termination notice claimed that tenant had sublet and/or assigned her rent-stabilized apartment without consent to a named subtenant. The notice claimed, alternatively, that tenant had a primary residence in California and had allowed a roommate into the apartment without informing landlord. Landlord's notice gave tenant fair notice of the claims against her.

Daffodil Purchasing Corp. v. Pritzker: NYLJ, p. 21, col. 1 (10/1/96) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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