530 Manhattan Ave. Hous. Dev. Fund Corp. v. Situ

Appellate Terms of the Supreme Court of New York

530 Manhattan Ave. Hous. Dev. Fund Corp. v. Situ

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 30, 2026

Docket571463/25

StatusUnpublished

This text of 530 Manhattan Ave. Hous. Dev. Fund Corp. v. Situ (530 Manhattan Ave. Hous. Dev. Fund Corp. v. Situ) 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.

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530 Manhattan Ave. Hous. Dev. Fund Corp. v. Situ, (N.Y. Ct. App. 2026).

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Opinion

530 Manhattan Ave. Hous. Dev. Fund Corp. v Situ - 2026 NY Slip Op 50615(U)

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Law Reporting
Bureau Thomas J.K. Smith, State Reporter

Court Decisions Resources About

530 Manhattan Ave. Hous. Dev. Fund Corp. v Situ

2026 NY Slip Op 50615(U)

April 30, 2026

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Digest-Index Classification: Condominiums and Cooperatives—Proprietary Lease--Landlord's Failure to Serve Notice of Default Prior to Serving Notice of Termination

530 Manhattan Avenue Housing Development Fund Corporation, Petitioner-Landlord-Appellant,

v

John Situ and Hui Hua Situ, Respondents-Tenants-Respondents.

Supreme Court, Appellate Term, First Department

Decided on April 30, 2026

571463/25

Present: Brigantti, J.P., Tisch, Alpert, JJ.

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Tracy Ferdinand, J.), dated April 4, 2024, which denied its motion for summary judgment on the petition and granted tenants' cross-motion to dismiss the petition in a holdover summary proceeding.

[*1]

Per Curiam.

Order (Tracy Ferdinand, J.), dated April 4, 2024, affirmed, with $10 costs.

We agree that article 7.01 of the governing proprietary lease agreement, dealing with landlord's right to invoke a conditional limitation of the lease, required service of a 30-day notice of default followed by a 5-day notice of termination for the type of default alleged herein (7.01 [e]). Since landlord did not serve a notice of default prior to serving the notice of termination, the conditional limitation was not properly invoked and therefore, this summary proceeding was properly dismissed (see TSS-Seedman's, Inc. v Elota Realty Co., 72 NY2d 1024 [1988]; Miller v Levi, 44 NY 489 [1871]; see also 2 Robert F. Dolan, Rasch's Landlord and Tenant Including Summary Proceedings §23:27, 23:28 [4th ed]; Perrotta v Western Regional Off-Tack Betting Corp., 98 AD2d 1 [1983]; Nordica Soho LLC v Emilia, Inc., 44 Misc 3d 76, 2014 NY Slip Op 24141 [App Term, 1st Dept 2014]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: April 30, 2026

530 Manhattan Ave. Hous. Dev. Fund Corp. v Situ - 2026 NY Slip Op 50615(U)

skip to main content

It appears you are using Adblock. Please disable Adblock to best experience our website.

Law Reporting
Bureau Thomas J.K. Smith, State Reporter

Court Decisions Resources About

530 Manhattan Ave. Hous. Dev. Fund Corp. v Situ

2026 NY Slip Op 50615(U)

April 30, 2026

Appellate Term, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Digest-Index Classification: Condominiums and Cooperatives—Proprietary Lease--Landlord's Failure to Serve Notice of Default Prior to Serving Notice of Termination

530 Manhattan Avenue Housing Development Fund Corporation, Petitioner-Landlord-Appellant,

v

John Situ and Hui Hua Situ, Respondents-Tenants-Respondents.

Supreme Court, Appellate Term, First Department

Decided on April 30, 2026

571463/25

Present: Brigantti, J.P., Tisch, Alpert, JJ.

Landlord appeals from an order of the Civil Court of the City of New York, New York County (Tracy Ferdinand, J.), dated April 4, 2024, which denied its motion for summary judgment on the petition and granted tenants' cross-motion to dismiss the petition in a holdover summary proceeding.

[*1]

Per Curiam.

Order (Tracy Ferdinand, J.), dated April 4, 2024, affirmed, with $10 costs.

We agree that article 7.01 of the governing proprietary lease agreement, dealing with landlord's right to invoke a conditional limitation of the lease, required service of a 30-day notice of default followed by a 5-day notice of termination for the type of default alleged herein (7.01 [e]). Since landlord did not serve a notice of default prior to serving the notice of termination, the conditional limitation was not properly invoked and therefore, this summary proceeding was properly dismissed (see TSS-Seedman's, Inc. v Elota Realty Co., 72 NY2d 1024 [1988]; Miller v Levi, 44 NY 489 [1871]; see also 2 Robert F. Dolan, Rasch's Landlord and Tenant Including Summary Proceedings §23:27, 23:28 [4th ed]; Perrotta v Western Regional Off-Tack Betting Corp., 98 AD2d 1 [1983]; Nordica Soho LLC v Emilia, Inc., 44 Misc 3d 76, 2014 NY Slip Op 24141 [App Term, 1st Dept 2014]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: April 30, 2026