Belmont Owners Corp. v. Murphy

OPINION OF THE COURT

Memorandum.

Order insofar as appealed from by landlord unanimously reversed without costs and motion by tenant denied in its entirety.

*445The issue on this appeal is whether the Civil Court is empowered to enlarge the 10-day statutory postjudgment cure period provided for in RPAPL 753 (4). For the reasons that follow, we hold that it is not.

RPAPL 753 (4) provides that in a holdover proceeding based upon a claim that the tenant "has breached a provision of the lease, the court shall grant a ten day stay of issuance of the warrant, during which time the respondent may correct…