Tenant Provided Access for Repairs After Notice to Cure

January 1, 2007

LVT Number: 19388

Landlord sued to evict tenant for not providing access to make needed repairs. Tenant asked the court to dismiss the case without a trial, claiming that she had granted access. The court ruled for tenant. Landlord appealed and lost. After landlord had sent tenant a notice to cure, tenant agreed to provide access on two dates, plus additional dates as required.

Landlord sued to evict tenant for not providing access to make needed repairs. Tenant asked the court to dismiss the case without a trial, claiming that she had granted access. The court ruled for tenant. Landlord appealed and lost. After landlord had sent tenant a notice to cure, tenant agreed to provide access on two dates, plus additional dates as required. Landlord made repairs on one of these dates, and a letter from landlord's attorney described any remaining repairs as ''relatively simple.'' Since tenant had substantially complied with landlord's notice to cure, there was no ground for the eviction proceeding.

12 Broadway Realty, LLC v. Levites: NYLJ, 12/20/06, p. 32, col. 4 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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