Termination Notice Not Defective

February 1, 1994

LVT Number: 8522

Landlord sued to evict tenant to recover an apartment for owner occupancy. Tenant claimed landlord's termination notice was defective. The trial court ruled for tenant, and landlord appealed. The appeals court reversed and reopened the case. Landlord's notice was sufficient and complied with Rent Stabilization Code section 2524.2(b). The termination notice set forth the facts necessary to establish that there were grounds for landlord's refusal to renew tenant's lease, and the date when tenant was required to move out.

Landlord sued to evict tenant to recover an apartment for owner occupancy. Tenant claimed landlord's termination notice was defective. The trial court ruled for tenant, and landlord appealed. The appeals court reversed and reopened the case. Landlord's notice was sufficient and complied with Rent Stabilization Code section 2524.2(b). The termination notice set forth the facts necessary to establish that there were grounds for landlord's refusal to renew tenant's lease, and the date when tenant was required to move out. Although landlord's termination notice didn't give the name of the person for whose use the apartment was sought, it gave a detailed description of him. So, landlord couldn't later substitute a different person in his place as the one seeking possession of the apartment.

Steimetz v. Alvarez: NYLJ, p. 28, col. 5 (1/7/94) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Chetta, JJ)

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