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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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Third, it should be noted that despite the fact that the lease contains a conditional limitation which permits termination upon the tenant’s failure to cure, RPAPL 753 (4) imposes in favor of the residential tenants a permanent injunction barring forfeiture of the lease for the rent failure if the tenant cures within 10 days of judgment. (Post v 120 E. End Ave. Corp., 62 NY2d 19 [1984].) Whether or not cure must be made by tender of the full amount of the claimed rent or co-op maintenance, in the face of warranty of habitability claims, is not now before me.