Legal Opinion

Port Royal Owners Corp. v. Navy Beach Restaurant Group, LLC

Appellate Terms of the Supreme Court of New York

Decided September 20, 2017Published

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

Ordered that the order, insofar as appealed from, is affirmed, without costs.

In this commercial holdover proceeding, landlords allege that tenant, a restaurant located in Montauk, New York, is in default under the lease as a result of ongoing violations of the East Hampton Town Code. Before filing the petition, landlords’ attorney had sent tenant a written 20-day notice to cure and, subsequently, a notice of termination. After interposing an answer, tenant moved for summary judgment dismissing the petition on the ground, among others, that the notice of…

2Cases cited4 opinions

  1. Siegel v. Kentucky Fried Chicken of Long Island, Inc.New York Court of Appeals · 1986
  2. Siegel v. Kentucky Fried Chicken of Long Island, Inc.Appellate Division of the Supreme Court of the State of New York · 1985
  3. QPII-143-45 Sanford Avenue, LLC v. SpinnerAppellate Terms of the Supreme Court of New York · 2011
  4. PS Food Corp. v. Granville Payne Retail, LLCAppellate Division of the Supreme Court of the State of New York · 2016

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