Rochdale Vil., Inc. v. Hallerdin-Grant, 2024 NY Slip Op 24192 (2024)

Citation: Rochdale Vil., Inc. v. Hallerdin-Grant, 2024 NY Slip Op 24192 (2024)
Parent Document: Rochdale Vil., Inc. v. Hallerdin-Grant, 2024 NY Slip Op 24192 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-07-10
Original Source: https://www.courtlistener.com/opinion/10004254/rochdale-vil-inc-v-hallerdin-grant/ ↗

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Upon review of Petitioner's termination notice dated July 20, 2023, it is evident that Respondent heeded the warning in the notice to cure, as it acknowledges that Respondent submitted the 2019-2022 income affidavits by July 5, 2023, five days prior to the July 10, 2023 deadline (NYSCEF 1 at 8-10) and contains no additional factual allegations that would support an ongoing breach under 9 NYCRR §§ 1727-5.3[a][6][ii]). Thus, Petitioner had no right after July 5, 2023, to terminate Respondent's tenancy based on the failure to submit annual income affidavits, as a "violation [for curable conduct] removed during the cure period will not support the termination of a lease based on the tenant's alleged default" (31-67 Astoria Corp. v. Landaira 54 Misc 3d 131[A], citing One E. 8th St. Corp. v Third Brevoort Corp., 38 AD2d 524 [1st Dept 1971]). Accordingly, Petitioner's cause of action under 9 NYCRR §§ 1727-5.3[a][6][ii]) must be dismissed for failure to state a cause of action.

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