2215-75 Cruger Apartments, Inc. v. Stovel

OPINION OF THE COURT

Final judgment entered February 1, 2002 reversed, with $30 *347costs, and final judgment granted in favor of tenant dismissing the holdover petition.

The dispositive issue on this appeal is whether service of a 10-day notice to cure which gave tenant less than 10 days to cure an illegal sublet was a sufficient predicate notice to permit landlord to terminate the tenancy and commence a holdover summary proceeding. We find that it was not; that the tenancy was not properly terminated; that the lease remains in effect; and, accordingly, that the judgment should be reversed and the…