115-87 Owners Corp. v. Dolger

Order and judgment (one paper), Supreme Court, New York County (Leland DeGrasse, J.), entered on or about June 4, 1993, which, inter alia, granted plaintiff’s motion for summary judgment and awarded it possession of defendants’ cooperative apartment, unanimously modified, on the law, to amend the order and judgment by including a 10 day cure period, and otherwise affirmed, without costs.

IAS correctly found, in view of the no waiver clause and other circumstances, that plaintiff did not waive defendants’ violation of the proprietary lease in maintaining a professional practice in their…