3363 Sedgwick, L. L. C. v. Medina
This text of 187 Misc. 2d 421 (3363 Sedgwick, L. L. C. v. Medina) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION OF THE COURT
Order entered on or about February 15, 2000 reversed, with $10 costs, motion denied, petition reinstated, and matter remanded for further proceedings.
Service of a formal notice to cure was not a sine qua non of the landlord’s maintenance of this summary holdover proceeding based upon allegations that the tenant’s history of chronic [422]*422rent defaults constituted a violation of a substantial obligation of the tenancy, since “the cumulative páttern of [tenant’s] course of conduct was incapable of ‘cure’ within 10 days” (Adam’s Tower Ltd. Partnership v Richter, 186 Misc 2d 620, 622 [App Term, 1st Dept] [decided after issuance of the order on appeal]; see also, 974 Realty Corp. v Ledford, 9 Misc 2d 240). To the extent that 72nd St. Partners v Otis (NYLJ, Apr. 7, 1993, at 24, col 3 [App Term, 1st Dept]) is to the contrary, it should not be followed.
Parness, P. J., Gangel-Jacob and Suarez, JJ., concur.
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Cite This Page — Counsel Stack
187 Misc. 2d 421, 723 N.Y.S.2d 592, 2000 N.Y. Misc. LEXIS 600, Counsel Stack Legal Research, https://law.counselstack.com/opinion/3363-sedgwick-l-l-c-v-medina-nyappterm-2000.