2215-75 CRUGER APTS v. Stovel

CourtUnited States State Supreme Court (New York)
Citation196 Misc.2d 346,769 N.Y.S.2d 347
Decision Date22 July 2003
Parties2215-75 CRUGER APARTMENTS, INC., Respondent,<BR>v.<BR>PAUL STOVEL, Appellant, et al., Respondents.

196 Misc.2d 346
769 N.Y.S.2d 347

2215-75 CRUGER APARTMENTS, INC., Respondent,
v.
PAUL STOVEL, Appellant, et al., Respondents.

July 22, 2003.


Altman & Altman, Bronx (Joseph A. Altman of counsel), for appellant.

Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P.C., Yonkers (Lawrence Schiro of counsel), for respondent.

SUAREZ, P.J., McCOOE and GANGEL-JACOB, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Final judgment entered February 1, 2002 reversed, with $30

[196 Misc.2d 347]

costs, and final judgment granted in favor of tenant dismissing the holdover petition.

The dispositive issue on this appeal is whether service of a 10-day notice to cure which gave tenant less than 10 days to cure an illegal sublet was a sufficient predicate notice to permit landlord to terminate the tenancy and commence a holdover summary proceeding. We find that it was not; that the tenancy was not properly terminated; that the lease remains in effect; and, accordingly, that the judgment should be reversed and the petition dismissed.

Except in circumstances where a cure is impossible (see, e.g., 326-330 E. 35th St. Assoc. v Sofizade, 191 Misc 2d 329 [App Term, 1st Dept 2002]), where a landlord fails to serve a requisite notice to cure, the lease remains in effect and the tenancy cannot be terminated (Grenadeir Parking Corp. v Landmark Assoc., 283 AD2d 379, 380 [2001]). Landlord's failure to serve the notice to cure at least 10 days prior to the date listed for a cure is fatal to the summary proceeding. (See, ATM One v Landaverde, 190 Misc 2d 76 [App Term, 2d Dept 2001].)

Tenant, who was without an attorney at the time he answered and at trial, made the following statement in his answer:

"The petitioner has stated that a ten-day (10) notice to cure was mailed on November 21, 2001 giving the respondent till November 30, 2001 to cure alleged violation. By definition that is nine days. Furthermore, there is no detailing of what paragraph 15 of the proprietary lease and § 226-b are, and how these two items relate to allegations 1, 2, and 3 stated in that document. Furthermore the last paragraph states `if you fail to cure this violation before November 30th of 2001, another notice will be sent to you terminating your tenancy and lease. Etc.' This is confusing to say the least. First the notice states that it is a TEN (10) DAY NOTICE TO CURE. Then it is dated as NOVEMBER 6, 2001. Then is [sic] states in the second paragraph that `you must cure the violation no later
...

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5 practice notes
  • Eremeyev v. Mount Sinai Hosp., Index No. 250078/2012
    • United States
    • United States State Supreme Court (New York)
    • August 31, 2012
    ...calendars." Stoves & Stones, Ltd. v. Rubens, 237 A.D.2d 280, 280, 655 N.Y.S.2d 385, 385 (2d Dep't 1997); 2215-75 Cruger Apts. v. Stovel, 196 Misc.2d 346, 769 N.Y.S.2d 347 (App. Term 1st Dep't 2003). In any event, the oppositions did not address the merits of the motions. The court notes tha......
  • 156-158 Second Ave., LLC v. Delfino, 2008 NY Slip Op 50440(U) (N.Y. Civ. Ct. 2/22/2008), L & T 079258/2006.
    • United States
    • New York Civil Court
    • February 22, 2008
    ...Tower Ltd. Partnership v. Richter, 186 Misc 2d 620, 622 [App Term, 1st Dept 2000]; see also 2215-75 Cruger Apartments, Inc. v. Stovel, 196 Misc 2d 346, 347 [App Term, 1st Dept 2003]; 974 Realty Corp. v. Ledford, 9 Misc 2d 240, 241 [App Term, 1st Dept 1957]). This holding reflects a desire t......
  • 159 W. 23RD LLC v. Spa Ciel De Ny Corp., LT-052012-19/NY
    • United States
    • New York Civil Court
    • April 15, 2019
    ...notice to cure, the lease remains in effect and the tenancy cannot be terminated" ( 2215-75 Cruger Apartments, Inc. v. Stovel , 196 Misc 2d 346, 347 [App Term 1st Dept 2003] ). An exception exists, however "in circumstances where a cure is impossible" (Id. ). The rationale for this exceptio......
  • PSRS Realty v. Prosolov, No. LT–005716–11.
    • United States
    • New York District Court
    • February 25, 2013
    ...... the notices served by the landlord were ineffective to terminate the lease”). In 2215–75 Cruger Apartments, Inc. v. Stovel, 196 Misc.2d 346, 769 N.Y.S.2d 347 (App Term, 1st Dep't 2003), the Court held that the failure of the landlord to serve the requisite 10 day notice to cure failed t......
  • Request a trial to view additional results
5 cases
  • Eremeyev v. Mount Sinai Hosp., Index No. 250078/2012
    • United States
    • United States State Supreme Court (New York)
    • August 31, 2012
    ...calendars." Stoves & Stones, Ltd. v. Rubens, 237 A.D.2d 280, 280, 655 N.Y.S.2d 385, 385 (2d Dep't 1997); 2215-75 Cruger Apts. v. Stovel, 196 Misc.2d 346, 769 N.Y.S.2d 347 (App. Term 1st Dep't 2003). In any event, the oppositions did not address the merits of the motions. The court notes tha......
  • 156-158 Second Ave., LLC v. Delfino, 2008 NY Slip Op 50440(U) (N.Y. Civ. Ct. 2/22/2008), L & T 079258/2006.
    • United States
    • New York Civil Court
    • February 22, 2008
    ...Tower Ltd. Partnership v. Richter, 186 Misc 2d 620, 622 [App Term, 1st Dept 2000]; see also 2215-75 Cruger Apartments, Inc. v. Stovel, 196 Misc 2d 346, 347 [App Term, 1st Dept 2003]; 974 Realty Corp. v. Ledford, 9 Misc 2d 240, 241 [App Term, 1st Dept 1957]). This holding reflects a desire t......
  • 159 W. 23RD LLC v. Spa Ciel De Ny Corp., LT-052012-19/NY
    • United States
    • New York Civil Court
    • April 15, 2019
    ...notice to cure, the lease remains in effect and the tenancy cannot be terminated" ( 2215-75 Cruger Apartments, Inc. v. Stovel , 196 Misc 2d 346, 347 [App Term 1st Dept 2003] ). An exception exists, however "in circumstances where a cure is impossible" (Id. ). The rationale for this exceptio......
  • PSRS Realty v. Prosolov, No. LT–005716–11.
    • United States
    • New York District Court
    • February 25, 2013
    ...... the notices served by the landlord were ineffective to terminate the lease”). In 2215–75 Cruger Apartments, Inc. v. Stovel, 196 Misc.2d 346, 769 N.Y.S.2d 347 (App Term, 1st Dep't 2003), the Court held that the failure of the landlord to serve the requisite 10 day notice to cure failed t......
  • Request a trial to view additional results

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