One East 8th St. Corp. v. Third Brevoort Corp.

Appellate Division of the Supreme Court of New York

One East 8th St. Corp. v. Third Brevoort Corp.

38 A.D.2d 524, 326 N.Y.S.2d 829, 1971 N.Y. App. Div. LEXIS 2756

Appellate Division of the Supreme Court of the State of New York·Decided December 9, 1971·Published·Cited by 4 cases

Opinion

Order, Supreme Court, New York County, entered on August 19, 1971, unanimously reversed, on the law, and judgment is granted to plaintiff, declaring One East 8th St. Corp. to have complied with the notice of default and vacating said notice and permanently enjoining termination of the lease by reason of the alleged default. Appellant shall recover of respondent $30 costs and disbursements of this appeal. The notice of termination of the lease dated August 5, 1971 refers to violation 4220/70 (double doors). This violation was removed of record on May 20, 1971. It had been removed prior to the issuance of the notice of termination. Further, defendant was bound by the notice served and cannot substitute another violation. In any event, even this violation (Z7-71) was removed of record on August 4, 1971. Concur — Capozzoli, J. P., McGivern, Murphy, Steuer and Eager, JJ.

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Order, Supreme Court, New York County, entered on August 19, 1971, unanimously reversed, on the law, and judgment is granted to plaintiff, declaring One East 8th St. Corp. to have complied with the notice of default and vacating said notice and permanently enjoining termination of the lease by reason of the alleged default. Appellant shall recover of respondent $30 costs and disbursements of this appeal. The notice of termination of the lease dated August 5, 1971 refers to violation 4220/70 (double doors). This violation was removed of record on May 20, 1971. It had been removed prior to the issuance of the notice of termination. Further, defendant was bound by the notice served and cannot substitute another violation. In any event, even this violation (Z7-71) was removed of record on August 4, 1971. Concur — Capozzoli, J. P., McGivern, Murphy, Steuer and Eager, JJ.

One East 8th St. Corp. v. Third Brevoort Corp., 38 A.D.2d 524, 326 N.Y.S.2d 829, 1971 N.Y. App. Div. LEXIS 2756 (N.Y. Ct. App. 1971).

Pincite

38 A.D.2d 524 (One East 8th St. Corp. v. Third Brevoort Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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