In 67 8th Ave. Assocs. v. Hochstadt (88 A.D.2d 843 [1st Dept 1982]), the notice was returned to the landlord marked "unclaimed." In Hochstadt, the tenant, during the 60-day period, did have occasion to speak with the landlord's agent, during which he made explicit inquiry regarding a renewal lease, but was rebuffed. The Appellate Division--reversing the Appellate Term, and reinstating the judgment of Civil Court--held that "under the circumstance presented, tenant's failure to timely respond to the landlord's ... renewal notice, was excusable." (At 843.) Accordingly, the warrant of eviction was permanently stayed on condition that the tenant execute a renewal lease within 10 days after retender by the landlord. The tenant was constructively evicted from the premises due to the lack of working toilets. The landlord was aware of this and, nevertheless, mailed the renewal notice to the empty apartment which was returned unclaimed. The Appellate Division in the First Department held that "under the circumstances presented, tenant's failure to timely respond to the landlord's July 12 renewal notice was excusable."