71st St.-Lexington Corp. v. Frankel, 2026 NY Slip Op 03358 (2026)

Citation: 71st St.-Lexington Corp. v. Frankel, 2026 NY Slip Op 03358 (2026)
Parent Document: 71st St.-Lexington Corp. v. Frankel, 2026 NY Slip Op 03358 (2026)
Jurisdiction: New York (state)
Effective Date: 2026-05-28
Original Source: https://www.courtlistener.com/opinion/10866522/71st-st-lexington-corp-v-frankel/ ↗

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Although defendant contends otherwise, the failure to maintain homeowner's insurance is a material breach of the proprietary lease, and the failure to cure the default entitled plaintiff to terminate the proprietary lease under article III, paragraph first, subsection (e) (see e.g. Rui Qin Chen Juan v 213 W. 28 LLC, 149 AD3d 539, 540 [1st Dept 2017]). Additionally, as the court correctly observed, defendant did not submit evidence of his attempt to cure the lapse in insurance coverage for the apartment at any point after receipt of the notice, nor evidence to support his contention that he was unable to obtain the requisite insurance.

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