Legal Opinion
National Shoes, Inc. v. Annex Camera & Electronics, Inc.
Civil Court of the City of New York
Decided July 9, 1982PublishedCited by 11 opinions
1Opinion of the Court
OPINION OF THE COURT
David B. Saxe, J.
Must an alleged breach of a substantial obligation of a lease, that forms the basis of a notice to cure, be actually capable of being cured in order to sustain the petition in the ensuing summary holdover proceeding?
The respondent tenant contends that since the lease provides for a right to cure within a specified time period, a notice to cure, such as here, that is based upon past conduct *752that cannot be remedied, is the furnishing of an illusory right, resulting in an impermissible forfeiture. In effect, the tenant says that it was never properly served…
2Cases cited6 opinions
- 974 Realty Corp. v. LedfordAppellate Terms of the Supreme Court of New York · 1957
- 269 Associates v. YerkesCivil Court of the City of New York · 1982
- Stern v. HarroldAppellate Terms of the Supreme Court of New York · 1958
- Zalaznick v. ImbemboAppellate Terms of the Supreme Court of New York · 1962
- Weil v. ChandlerAppellate Terms of the Supreme Court of New York · 1962
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Foundation Development Corp. v. Loehmann's, Inc.Arizona Supreme Court · 1990
- Adam's Tower Ltd. Partnership v. RichterAppellate Terms of the Supreme Court of New York · 2000
- 326-330 East 35th Street Assoc. v. SofizadeAppellate Terms of the Supreme Court of New York · 2002
- Eastern Systems, Inc. v. West 45th Street Industrial Condominiums, Inc. (In Re Eastern Systems, Inc.)United States Bankruptcy Court, S.D. New York · 1989
- Ocean Farragut Associates v. SawyerCivil Court of the City of New York · 1983
6 more not listed; retrieve them via the Exa API.