Opinion
January 17, 1995
Appeal from the Supreme Court, New York County (Myriam Altman, J.).
The IAS Court, properly relying on an order of this Court affirming an order holding that defendants' notice to cure of March 28, 1985 was a valid predicate for their terminating the lease in June 1986 ( 125 A.D.2d 1017, lv denied 69 N.Y.2d 868), correctly ruled that no stay was in effect at the time of trial, that the cure period had expired and that this lease could not be revived if violations of substantial obligations of the tenancy had not been cured by the time defendants gave plaintiff notice of termination (First Natl. Stores v. Yellowstone Shopping Ctr., 21 N.Y.2d 630). We agree with the IAS Court that plaintiff failed to cure such violations prior to the issuance of the notice of termination, including alterations constituting serious fire hazards in violation of Multiple Dwelling Law §§ 233 and 234, and that plaintiff's claim of waiver is without merit in view of the nonwaiver clause in the lease (Jefpaul Garage Corp. v Presbyterian Hosp., 61 N.Y.2d 442). In any event there was no proof of waiver. Good cause was shown for defendants' failure to submit a judgment within 60 days after the decision was rendered ( 22 NYCRR 202.48; see, Dicini, Inc. v. Hengerer Co., 171 A.D.2d 515, lv dismissed in part and denied in part 78 N.Y.2d 940), and, in the circumstances, it was not error to award counsel fees without holding a hearing (see, Old Paris v. G.E.B.M. Intl., 170 A.D.2d 392, 393).
Concur — Ellerin, J.P., Kupferman, Asch and Rubin, JJ.