Appellate Terms of the Supreme Court of New York, 2000

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

Appellate Terms of the Supreme Court of New York · Decided November 15, 2000

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

Counsel

APPEARANCES OF COUNSEL, Novick & Kaner, P. C., New Rochelle (Morton Kaner of counsel), for appellant. Lazarus, Lazarus & Winston, Bronx (Harold Bordowitz of counsel), for respondent.

Opinion of the Court

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 *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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.