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Park Summit Realty Corp. v. Frank

Court of Appeals of the State of New York
Jun 23, 1982
56 N.Y.2d 1025 (N.Y. 1982)

Summary

applying Whitmarsh v. Farnell, supra, 298 N Y at 343, 83 N.E.2d 543, reasoning to rent stabilization as well as rent control context

Summary of this case from Resolution Trust Corp. v. Diamond

Opinion

Decided June 23, 1982

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, LESTER EVENS, J.

M. William Scherer for appellant.

George R. Osborne for respondents.


On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order affirmed, with costs. A notice to cure was required whether the proceeding be as a holdover after termination of tenancy (RPAPL 711, subd 1; Code of Metropolitan Hotel Industry Stabilization Assn. [Hotel Code], §§ 50, 53, subd [a]) or as a nonpayment proceeding (RPAPL 711, subd 2; Hotel Code, § 50).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.


Summaries of

Park Summit Realty Corp. v. Frank

Court of Appeals of the State of New York
Jun 23, 1982
56 N.Y.2d 1025 (N.Y. 1982)

applying Whitmarsh v. Farnell, supra, 298 N Y at 343, 83 N.E.2d 543, reasoning to rent stabilization as well as rent control context

Summary of this case from Resolution Trust Corp. v. Diamond
Case details for

Park Summit Realty Corp. v. Frank

Case Details

Full title:PARK SUMMIT REALTY CORP., Appellant, v. LEN FRANK et al., Respondents

Court:Court of Appeals of the State of New York

Date published: Jun 23, 1982

Citations

56 N.Y.2d 1025 (N.Y. 1982)
453 N.Y.S.2d 643
439 N.E.2d 358

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