Lewis v. Clothes Shack, Inc.

This case is distinguishable from First Nat. Stores v. Yellowstone Shopping Center (21 N Y 2d 630). While the Yellowstone lease provided that landlord could, after the expiration of 10 days after notice to cure default, serve a notice declaring the term ended, the lease in this case provides that landlord may, after the expiration of five days after notice to cure default, “ serve a written three (3) days’ notice of cancellation of this lease upon tenant, and upon the expiration of said three (3) days, this lease and the term thereunder shall end ”.

Thus, while the Yellowstone lease was…