Post-Judgment 10-Day Cure Doesn’t Apply to Illegal Sublet

September 19, 2015

LVT Number: #26476

Landlord sued to evict cooperative shareholder tenant for illegally subletting her apartment. The court ruled for landlord but delayed eviction to give tenant 10 days to cure the sublet by commencing a proceeding to remove the apartment occupants. Landlord appealed and won. Tenant had sublet the apartment without getting approval in violation of the co-op rules. The statutory 10-day stay didn’t apply to tenant’s proprietary lease violation because it wasn’t readily curable.

Landlord sued to evict cooperative shareholder tenant for illegally subletting her apartment. The court ruled for landlord but delayed eviction to give tenant 10 days to cure the sublet by commencing a proceeding to remove the apartment occupants. Landlord appealed and won. Tenant had sublet the apartment without getting approval in violation of the co-op rules. The statutory 10-day stay didn’t apply to tenant’s proprietary lease violation because it wasn’t readily curable. In addition, tenant had not served a termination notice on the subtenants within the 10 days of the court’s judgment. 

 

 

111-35 75th Ave. Owners Corp. v. Hendrix: 2015 NY Slip Op 25280, 2015 WL 4946335 (App. T. 2 Dept.; 8/12/15; Pesce, PJ, Weston, Solomon, JJ)

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