Horatio St. Partners LLC v. Bowe, NYLJ 8/16/19, NYLJalmID/1565738200NY7867518 NY Co. Civ. Cty. J. Nembhard
The tenant moved to dismiss the proceeding alleging the landlord failed to state a cause of action. In response, the landlord moved for summary judgment and a money judgment for all rent and use and occupancy arguing the tenant violated a substantial obligation of their tenancy.
The tenant argued that the termination notice failed to state the relevant provisions under the Multiple Dwelling Law, “MDL,” and the administrative code “AC,” on which the landlord relied. Moreover, the tenant argued that the landlord failed to serve a notice to cure prior to serving the notice of termination. In response, the landlord argued that the termination notice specifically stated which provision of the lease the tenant was violating and including the internet advertisements and testimony from building staff who observed the tenant offering the apartment to different people for short periods of time.
The Court held that the notice was not reasonable as it failed to state the relevant provisions and subsections of the MDL and AC, and stated an irrelevant Rent Stabilization Code section under which the landlord brought this proceeding. The Court held that the predicate notices were confusing and likely to prevent the tenant from preparing a defense.
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