Opinion
570536/06.
Decided on January 31, 2008.
Tenant and respondent My Five Grandchildren Rest. Corp. appeal from (1) a final judgment of the Civil Court of the City of New York, New York County (Milagros A. Matos, J.), entered July 21, 2006, after a nonjury trial, in favor of petitioner-landlord in a commercial holdover summary proceeding, and (2) an order of the same court (Barbara Jaffe, J.), dated August 31, 2006 which required them to post an undertaking as a condition of staying eviction pending appeal.
PRESENT: McKEON, P.J., DAVIS, HEITLER, JJ.
Final judgment (Milagros A. Matos, J.), entered July 18, 2006, affirmed, with $25 costs. Appeal from order (Barbara Jaffe, J.), dated August 31, 2006, dismissed, without costs, as academic.
There is ample support in the record for the trial court's determination that appellants defaulted in their performance under the parties' governing lease agreements by failing to make any effort to cure nearly 40 violations issued against the subject premises ( see 2 North Broadway Food, Inc., v. Getty Square Realty, LLC., 4 AD3d 351). Nor did appellants demonstrate that their ability to cure the violations was rendered impossible ( see Kel Kim Corp. v. Central Markets, Inc., 70 NY2d 900) due to a change in zoning regulations. Appellants' own expert testified that the majority of the violations could readily have been corrected without implicating the zoning regulations and all the violations could have cured prior to trial had appellants commenced work upon receipt of the notice to cure.
We have examined appellants' remaining contentions with respect to the dismissal of their affirmative defenses and find them to be without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.