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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

31-67 Astoria Corp. v. Cabezas (2017)

Citation
31-67 Astoria Corp. v. Cabezas (2017)
Parent Document
31-67 Astoria Corp. v. Cabezas (2017)
Jurisdiction
New York (state)
Effective Date
2017-04-07

Full Text

996 chars
In May 2015, landlord commenced this holdover proceeding to recover possession of the premises on the ground, among other things, that tenant had violated a substantial obligation of her lease (see Rent Stabilization Code [RSC] [9 NYCRR] § 2524.3 [a]) by failing to pay rent in a timely manner. Insofar as is relevant to this appeal, the 10-day notice of termination states that tenant's chronic nonpayment or late payment of rent had required landlord to commence seven nonpayment proceedings against her between April 2011 and May 2014, and, additionally, the notice included a list of months in which there was partial payment or nonpayment of rent for the period of June 2004 through April 2015. Tenant moved for, among other things, summary judgment dismissing the petition on the ground that the prior nonpayment proceedings did not constitute a breach of a substantial obligation of her lease. Landlord appeals from so much of an [*2]order dated August 27, 2015 as granted tenant's motion.