Tenants Can't Get More Time to Correct Breach

(Decision submitted by Nativ Winiarsky of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord cooperative corporation sent co-op tenant a notice to cure a lease violation within 10 days or face eviction. Landlord claimed that tenant had made $40,000 worth of illegal alterations to the apartment. Tenant then sued landlord, asking the court to bar landlord from starting an eviction action. Tenant claimed that he couldn't possibly cure the lease violation within 10 days. The court temporarily ruled that landlord must delay the start of the eviction case, but ultimately ruled against tenant. As long as tenant began to cure the lease violation within 10 days, he would be in compliance with the RPAPL regarding the cure period and would have a defense to any eviction case landlord might start. The court wouldn't restrain landlord any longer from bringing an eviction case.

Ludwig v. 141 East Third Corp.: Index No. 118748/96 (1/6/98) (Sup. Ct. NY; Goodman, J) [4-page document]