Center Green, Inc. v. Palumbo

—Order unanimously affirmed with costs. Memorandum: Petitioner commenced this summary eviction proceeding against respondent in City Court contending that respondent had not timely tendered the November rent payment. The court granted that part of respondent’s motion seeking summary judgment dismissing the proceeding on the ground that, pursuant to the express terms of the lease, a default does not occur unless the lessee fails to tender the rent payment within 15 days of its due date and, here, respondent tendered the rent payment within that 15-day period. The court, however, denied…