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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

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This case, involving the propriety of the use of a holdover proceeding for failure to pay rent as it comes due must be distinguished from another line of cases holding that a tenant’s continuous course of conduct in failing to pay rent may be a noncurable breach of a substantial lease obligation, for which an eviction by way of a holdover proceeding is permissible. (See, National Shoes v Annex Camera & Elecs., 114 Misc 2d 751 [Civ Ct, NY County 1982]; Ocean Farragut Assoc. v Sawyer, 119 Misc 2d 712 [Civ Ct, Kings County 1983].)