Rogers v. New York Telephone Co.

Order, Supreme Court, New York County, entered August 1, 1979 and judgment entered thereon, August 20, 1979, which, inter alia, awarded defendant summary judgment dismissing the complaint, unanimously reversed, on the law, with costs and disbursements, and the complaint reinstated. In this ejectment action based on the tenant’s alleged violation of numerous material terms of a commercial lease, Special Term denied plaintiff’s motion for summary judgment and, after searching the record, determined that the notice to cure was defective and could not serve as the basis for the subsequently…