No Additional Cure Time Required

(Decision submitted by Joseph M. Claro of the Brooklyn law firm of Tenenbaum & Berger, LLP, who represented the landlord.)

Landlord sued to evict rent-stabilized tenant for making unauthorized apartment alterations in violation of her lease. A notice to cure had been served on tenant by delivery to a family member at the apartment on June 30, 2009. Additional copies of the cure notice were mailed to the apartment on July 1, 2009. The notice gave tenant until July 13, 2009 to cure. A termination notice then was served by personal delivery to tenant on July 15, 2009. Tenant asked the court to dismiss the case because landlord failed to add five days to the cure period to allow for the mailing time of the notice to cure. The court ruled against tenant. Since the cure notice was delivered in person to a family member occupying the apartment, landlord gave tenant the 10 days required by law to cure. The additional five days to allow for mailing, required by New York’s highest court in another case, concerned an instance where there was no personal delivery.

Felix DeKalb, LLC v. Crespo: L&T Index No.085860/09 (2/5/10) (Civ. Ct. Kings; Ofshtein, J) [3-pg. doc.]