Opinion
November 15, 2000
Novick Kaner, P. C., New Rochelle (Morton Kaner of counsel), for appellant.
Lazarus, Lazarus Winston, Bronx (Harold Bordowitz of counsel), for respondent.
HON. STANLEY PARNESS, P.J., HON. PHYLLIS GANGEL-JACOB, HON. LUCINDO SUAREZ Justices.
Order entered on or about February 15, 2000 (Anthony J. Fiorella, Jr., J.) reversed, with $10 costs, motion denied, petition reinstated, and matter remanded for further proceedings.
Service of a formal notice to cure was not a sine qua non of the landlord's maintenance of this summary holdover proceeding based upon allegations that the tenant's history of chronic rent defaults constituted a violation of a substantial obligation of the tenancy, since "the cumulative pattern of [tenant's] course of conduct was incapable of 'cure' within ten days" (Adam's Tower Ltd. Partnership v. Richter, NYLJ, Aug. 16, 2000, at 22, col 1 [App Term, 1st Dept] [decided after issuance of the order on appeal]; see also, 974 Realty Corp. v. Ledford, 9 Misc.2d 240). To the extent that 72nd St. Partners v. Otis (NYLJ, April 7, 1993, at 24, col 3 [App Term, 1st Dept]) is to the contrary, it should not be followed.