RP Wimbledon Owner, LLC v. Chisholm, 2025 NY Slip Op 25071 (2025)

Citation: RP Wimbledon Owner, LLC v. Chisholm, 2025 NY Slip Op 25071 (2025)
Parent Document: RP Wimbledon Owner, LLC v. Chisholm, 2025 NY Slip Op 25071 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-03-21
Original Source: https://www.courtlistener.com/opinion/10363654/rp-wimbledon-owner-llc-v-chisholm/ ↗

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What this standard requires in view of the "attendant circumstances" of this residential holdover proceeding on the basis of nonpayment under GCEL is an issue of first impression. However, in a commercial context, holdover proceedings based upon rent nonpayment are not new, and decisions of the First and Second Departments addressing these are instructive (see 542 Holding Corp. v Prince Fashions, Inc., 46 AD3d 309 [1st Dept 2007]; Westhampton Cabins & Cabanas Owners Corp. v Westhampton Bath & Tennis Club Owners Corp., 62 AD3d 987, 988 [2d Dept 2009]). In Prince Fashions, the court evaluated a notice to cure threatening termination of the lease on the basis of nonpayment of rent. In determining the notice passed muster, the court borrowed the standard commonly applied to rent demands in nonpayment proceedings, citing Schwartz v Weiss-Newell, 87 Misc 2d 558 [Civ Ct, NY Cnty 1976], for the proposition that

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