Opinion
December 8, 1998
Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).
Although the lease provides for a 12-day cure period, it also provides for an unspecified longer period to cure for defaults not capable of complete cure within 12 days, upon condition that the tenant commence curing within the 12-day period and thereafter proceed with good faith and diligence. We agree with the IAS Court that no issue of fact exists as to plaintiff's compliance with this good faith/diligence requirement, and also agree that plaintiff has cured the alleged default by bringing itself into compliance with all the insurance provisions of the lease. However, the portion of the order requiring defendant to obtain court approval before serving any future notices to cure is overbroad to the extent it enjoins defendant from terminating the lease on grounds not set forth in prior notices to cure ( see, Manhattan Parking Sys.-Serv. Corp. v. Murray House Owners Corp., 211 A.D.2d 534, 536), and we modify accordingly.
Concur — Milonas, J. P., Nardelli, Williams, Tom and Andrias, JJ.