Tenant Gets Chance to Correct Failure to Renew

April 30, 1996

LVT Number: 10534

Landlord sued to evict rent-stabilized tenant for failure to renew his lease. The court ruled for landlord and denied tenant's request for a 10-day delay to correct the failure to renew. Tenant appealed. The appeals court reversed and ruled for tenant. The court stated that tenant's failure to renew was a breach of his lease and that under the terms of the Real Property Actions and Proceedings Law, he had the right to cure this breach within 10 days.

Landlord sued to evict rent-stabilized tenant for failure to renew his lease. The court ruled for landlord and denied tenant's request for a 10-day delay to correct the failure to renew. Tenant appealed. The appeals court reversed and ruled for tenant. The court stated that tenant's failure to renew was a breach of his lease and that under the terms of the Real Property Actions and Proceedings Law, he had the right to cure this breach within 10 days.

Fairbanks Gardens Co. v. Gandhi: NYLJ, p. 33, col. 3 (4/9/96) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Chetta, JJ)

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