eeding based on tenant’s violation of the terms of the lease.
Clearly, the notice to cure served in the case at bar was the first step in such a proceeding and was in full compliance with the literal wording of the lease. Whether this notice to cure is the equivalent of the notice to quit under section 223-b of the Real Property Law need not be resolved since the statute does not apply where the tenancy is being terminated pursuant to the terms of the lease (Real Property Law, § 223-b, subd 6).
Besides, the third cause of action does not really invoke section 223-b at all. It relies expressly on section 235-d of the Real Property Law. Yet that section, applicable to any building used for manufacturing or warehouse purposes, provides that it shall constitute harassment for the landlord to deprive or interrupt certain physical services with the intent to cause the tenant to vacate. The prohibited conduct does not embrace the landlord’s attempt to enforce its legal rights under the literal wording of the lease. Indeed, subdivision 2 of section 235-d expressly excludes from the concept of harassment “The lawful termination of a tenancy or lawful refusal to renew or extend a written lease”.