Solow Building Co., LLC v. Frelau LLC

OPINION OF THE COURT

Final judgment and judgment, entered December 28, 2007 and March 19, 2008, respectively, reversed, with $30 costs, and final judgment directed in favor of tenant dismissing the holdover petition.

At issue in this holdover summary proceeding is the timeliness of the notice of default served upon the commercial tenant by petitioner landlord. The operative facts are summarized as follows. The parties’ commercial lease agreement, dated August 29, 2003, was for a 15V2-year term, and contained an early termination clause authorizing landlord to terminate the tenancy in the event…