Bogatz v. Extra Touch International, Inc., 179 Misc. 2d 1029 (1999)

On October 30, 1998, a notice to cure (properly signed by the landlord) was served by certified mail (and regular mail although not required by the lease), stating that the tenant was in default of the lease because, inter alia, it had not obtained the insurance required by the lease. The lease at paragraph 16 (the default provision) requires the notice to give tenant 30 days to cure, which it did. The manner of service of the notice was legally sufficient. The notice to cure states, in pertinent part: “If you fail to cure said defaults within thirty (30) days of the date that this Notice is mailed, then the landlord will serve a written ten (10) day Notice of Termination of the lease upon you, and upon the expiration of said ten (10) days, this Lease and the terms thereunder shall end and expire as fully and completely as if the expiration of such ten (10) day period was the day herein definitely fixed for the expiration of this lease and the terms thereof, and you shall be then required to then quit and surrender the demised premises, but you shall remain liable as provided in the lease, for (a) damages, including but not limited to, attorney’s fees pursuant to paragraph 16 of the lease; and (b) monthly use and occupancy of the premises after the date of the cancellation of the lease.”