Fairbanks Gardens Co. v. Gandhi
Appellate Terms of the Supreme Court of New York
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Final judgment unanimously modified by providing that tenant is granted a 10-day stay to correct the breach and, as so modified, affirmed without costs.
*129In 134-38 Maple Realty Corp. v Nelson (NYLJ, Mar. 12, 1993, at 33, col 1) and Malik v Uribe (NYLJ, Feb. 3, 1994, at 27, col 4) this court ruled that the 10-day cure period provided by RPAPL 753 (4) is not available when a holdover proceeding is based upon a failure to sign a renewal lease. The court reasoned that RPAPL 753 (4) is by its terms applicable only when a proceeding is based on a breach of the lease and…
2Cases cited9 opinions
- Mountain View Coach Lines, Inc. v. StormsAppellate Division of the Supreme Court of the State of New York · 1984
- Post v. 120 East End Avenue Corp.New York Court of Appeals · 1984
- Eaton v. New York City Conciliation & Appeals BoardNew York Court of Appeals · 1982
- Nestor v. McDowellNew York Court of Appeals · 1993
- Nesbitt v. New York City Conciliation & Appeals BoardNew York Supreme Court · 1983
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3Cited by10 opinions
- 6 Greene Street Associates L. L. C. v. RobbinsAppellate Division of the Supreme Court of the State of New York · 1998
- Fairbanks Gardens Co. v. GhandiAppellate Division of the Supreme Court of the State of New York · 1997
- New York City Housing Authority v. WilliamsCivil Court of the City of New York · 1996
- Jamsol Realty, LLC v. GermanAppellate Terms of the Supreme Court of New York · 2014
- 151 Daniel Low, LLC v. LiAppellate Terms of the Supreme Court of New York · 2017
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