3363 Sedgwick, L. L. C. v. Medina

Appellate Terms of the Supreme Court of New York

3363 Sedgwick, L. L. C. v. Medina

187 Misc. 2d 421, 723 N.Y.S.2d 592, 2000 N.Y. Misc. LEXIS 600

Appellate Terms of the Supreme Court of New York·Decided November 15, 2000·Published·Cited by 4 cases

Opinion

OPINION OF THE COURT

Per Curiam.

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] rent 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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OPINION OF THE COURT

Per Curiam.

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] rent 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.

3363 Sedgwick, L. L. C. v. Medina, 187 Misc. 2d 421, 723 N.Y.S.2d 592, 2000 N.Y. Misc. LEXIS 600 (N.Y. Ct. App. 2000).

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187 Misc. 2d 421 (3363 Sedgwick, L. L. C. v. Medina) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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