974 Realty Corp. v. Ledford
| Decision Date | 31 October 1957 |
| Citation | 9 Misc.2d 240,171 N.Y.S.2d 908 |
| Parties | 974 REALTY CORP., Landlord-Appellant, v. Victoria LEDFORD, Tenant-Respondent. |
| Court | New York Supreme Court — Appellate Term |
Emanuel Strauss, New York City, for appellant.
Mario J. Aquino, New York City, for respondent.
Before HOFSTADTER, AURELIO and TILZER, JJ.
Landlord presented a prima facie case on its petition that tenant violated a substantial obligation of her tenancy by repeated and unjustified refusal to pay her rent, when due, which necessitated 30 separate summary proceedings for nonpayment. Furthermore, the 10 day notice to cure, required by section 52, subdivision 1 of the State Rent and Eviction Regulations, McK.Unconsol.Laws, Appendix, is inapplicable to a situation, such as here, where there has been a contrived course of conduct of nonpayment of rent, payable in advance, which necessitated resort by the landlord to summary proceedings on thirty separate occasions (Gilbert v. Becker, Sup., 142 N.Y.S.2d 888; Sanfilippo v. Coster, Sup., 91 N.Y.S.2d 738; affirmed App.Div., 100 N.Y.S.2d 144; Beals v. Wideman, unreported, Appellate Term, First Dept., N.Y.L.J., April 12, 1957, p. 6, col. 5, leave to appeal to Appellate Division denied, N.Y.L.J., May 8, 1957, p. 6, col. 3.
Final order reversed and a new trial ordered, with $30 costs.
All concur.
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...held that in residential holdover proceedings, that a notice to cure was inapplicable for past conduct. 974 Realty Corp. v. Ledford, 9 Misc.2d 240, 171 N.Y.S.2d 908. Giving Tenant every benefit of doubt, the Court could grant a final judgment with the execution of the warrant stayed to such......
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...in this department have applied this rule both where a cure notice is required by statute (see 974 Realty Corp. v. Ledford , 9 Misc. 2d 240, 171 N.Y.S.2d 908 [App. Term, 1st Dept. 1957] ), as well by the terms of a lease. ( Herald Towers LLC v. Perry , 2003 N.Y. Slip Op. 50564[U], 2003 WL 3......
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