3363 SEDGWICK v. Medina
| Citation | 723 N.Y.S.2d 592,187 Misc.2d 421 |
| Court | United States State Supreme Court (New York) |
| Decision Date | 15 November 2000 |
| Parties | 3363 SEDGWICK, L. L. C., Appellant,<BR>v.<BR>NANCY MEDINA, Respondent. |
Novick & Kaner, P. C., New Rochelle (Morton Kaner of counsel), for appellant.
Lazarus, Lazarus & Winston, Bronx (Harold Bordowitz of counsel), for respondent.
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 rent defaults constituted a violation of a substantial obligation of the tenancy, since "the cumulative pattern 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] []; 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.
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