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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Yui Woon Kwong v. Sun Po Eng, 147 Misc. 2d 750 (1990)

Citation
Yui Woon Kwong v. Sun Po Eng, 147 Misc. 2d 750 (1990)
Parent Document
Yui Woon Kwong v. Sun Po Eng, 147 Misc. 2d 750 (1990)
Jurisdiction
New York (state)
Effective Date
1990-06-08

Other Sections in This Document (30)

Full Text

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The difference between a holdover proceeding and a nonpayment proceeding should not be a factor in whether the application of the ruling in Kentucky Fried Chicken (108 AD2d 218, affd 67 NY2d 792, supra) should be applied to a three-day notice in a nonpayment proceeding since the determining factor is the requirement of a clear and adequate notice from the landlord so that the tenant can act with safety. Although in one proceeding the main objective is to recover possession of the premises while the other seeks payment of rent, yet in both proceedings the petition requests a final judgment of possession against the tenant and most significantly the tenant in either proceeding has an opportunity to cure the default even after a final judgment of possession has been entered in favor of the petitioner. (RPAPL 753 [4]; 732 [2]; 22 NYCRR 208.42 [d]; RPAPL 751 [1].)