Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)

Citation
520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
Parent Document
520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
Jurisdiction
New York (state)
Effective Date
1985-03-11

Other Sections in This Document (25)

Full Text

635 chars
Instead of starting a nonpayment summary proceeding, the petitioner cooperative corporation has begun a holdover action predicated upon a lease clause in the renewal proprietary lease that provides for the immediate termination of the cooperators *567lease “[i]f the lessee shall be in default for a period of two months in the payment of any rent or additional rent or of any installment thereof, herein before provided for.” Such a clause operates as a conditional limitation (2 Rasch, NY Landlord & Tenant, Summary Proceedings § 743), and upon its occurrence, the landlord may treat the offending tenant’s lease as terminated. (Id.)