Three-Day Rent Demand Not Defective

LVT Number: 11236

(Decision submitted by Joel A. Mitofsky of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's three-day rent demand was defective and asked the court to dismiss the case. The court ruled against tenant. The fact that the notice was bilingual, with the signature line appearing at the physical end of the form just below the foreign language translation didn't make the notice ambiguous or defective in form or content.

(Decision submitted by Joel A. Mitofsky of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's three-day rent demand was defective and asked the court to dismiss the case. The court ruled against tenant. The fact that the notice was bilingual, with the signature line appearing at the physical end of the form just below the foreign language translation didn't make the notice ambiguous or defective in form or content. The format of the notice was sensible and was merely an accommodation for foreign language-speaking tenants.

945 Fifth Ave., Inc. v. Buzzi-Ferraris: L&T Index No. 120491/95 (10/9/96) (Civ. Ct. NY; Rashford, J) [5-page document]

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