Brullo v. Suen

This holdover summary proceeding raises the question of whether a 10-day notice to cure, required by subdivision a of section 52 of the Rent, Eviction and Rehabilitation Regulations of the Department of Rent and Housing Maintenance, survives the dismissal of one summary proceeding based thereon and may thereafter support a second such proceeding.

Respondent is a statutory tenant. On June 1, 1973 the landlord served him with a notice that he was violating a substantial obligation of his tenancy by subletting his apartment and warned that unless the violation was cured within 10 days, then 30…