Case Type

Holdover-Breach of Lease

Housing Type

Other

Court

Appellate Division, First Department

County

New York County

L&T / Index / Case / Docket / Clerk's Number

570812/23

Slip Opinion Number

2024 NY Slip Op 06124

Petitioner

Federation of Organizations for the New York State Mentally Disabled, Inc.

Respondent

Antoine Lindsay

Judge

Webber, Moulton, Mendez, Pitt-Burke, O'Neill Levy

Decision/Order Date

2024-12-05

Posture

Post-answer Motion by Landlord

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

The landlord commenced a holdover proceeding against the tenant for breach of the lease. The court held that the landlord's notice of default and termination notice were insufficient to maintain the holdover proceeding, as they did not comply with the lease's cure period requirements. The court reversed the Appellate Term's decision and dismissed the petition.

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