New York Court of Appeals, 1982

Park Summit Realty Corp. v. Frank

Park Summit Realty Corp. v. Frank
New York Court of Appeals · Decided June 23, 1982
56 N.Y.2d 1025; 439 N.E.2d 358; 453 N.Y.S.2d 643; 1982 N.Y. LEXIS 3567

Park Summit Realty Corp. v. Frank

Opinion of the Court

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order affirmed, with costs. A notice to cure was required whether the proceeding be as a holdover after termination of tenancy (RPAPL 711, subd 1; Code of Metropolitan Hotel Industry Stabilization Assn. [Hotel Code], §§ 50, 53, subd [a]) or as a nonpayment proceeding (RPAPL 711, subd 2; Hotel Codé, § 50).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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