Tenant Must Get Chance to Cure Nonpayment

September 30, 2011

LVT Number: #23625

Co-op landlord sued to evict shareholder tenant for breach of his proprietary lease by failing to pay maintenance charges. The court ruled for landlord and gave landlord a judgment of possession without granting tenant a 10-day cure period as required by Real Property Actions and Proceedings Law Section 753(4). Tenant appealed and won. Some lease violations, like profiteering or chronic nonpayment may not be subject to cure, but tenant's nonpayment was readily curable, and he should be allowed to do so.

Co-op landlord sued to evict shareholder tenant for breach of his proprietary lease by failing to pay maintenance charges. The court ruled for landlord and gave landlord a judgment of possession without granting tenant a 10-day cure period as required by Real Property Actions and Proceedings Law Section 753(4). Tenant appealed and won. Some lease violations, like profiteering or chronic nonpayment may not be subject to cure, but tenant's nonpayment was readily curable, and he should be allowed to do so.

1346 Eastern Parkway HDFC v. Robinson: NYLJ, 9/7/11, p. 24, col. 5 (App. T. 1 Dept.; Pesce, PJ, Weston, Steinhardt, JJ)

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