Skyview Holdings, LLC v. Cunningham

OPINION OF THE COURT

Order, dated June 20, 2005, reversed, without costs, petition reinstated, summary judgment of possession awarded to landlord on its nonprimary residence claim against tenant Cunningham, and matter remanded for further proceedings on the succession defense interposed by respondent Rowell.

The underlying notice of nonrenewal — sufficiently setting forth the facts supporting the landlord’s nonprimary residence claim — was sent by landlord via certified and regular mail on May 31, 2002, 92 days prior to the August 31, 2002 expiration date specified in the tenant’s most recent…