Proprietary Lessee Gets 10 Days to Cure Nonpayment
LVT Number: #23585
Landlord cooperative corporation terminated tenant shareholder’s proprietary lease for failure to pay maintenance charges. The court ruled for landlord and issued an eviction warrant. Tenant appealed, claiming that the court should have given tenant 10 days to cure after judgment. The appeals court ruled for tenant. Real Property Actions and Proceedings Law Section 753(4) permits a post-judgment cure of a lease violation that is readily curable.
1346 Eastern Parkway HDFC v. Robinson: 32 Misc.3d 139(A), 2011 NY Slip Op 51553(U)(App. T. 2 Dept.; 8/10/11; Pesce, PJ, Weston, Steinhardt, JJ)