No Chance to Correct Chronic Nonpayment
LVT Number: 14558
Landlord sued to evict tenant for chronic nonpayment of rent. Tenant asked the court to dismiss the case because landlord didn't first send him a notice to cure. The court ruled for tenant. Landlord appealed and won. Chronic failure to pay rent was a violation of a substantial obligation of the tenancy. It couldn't be corrected within 10 days. So no notice to cure was necessary. The case was sent back to the trial court.
Sedwick LLC v. Medina: NYLJ, 11/21/00, p. 26, col. 1 (App. T.1 Dept.; Parness, PJ, Gangel-Jacob, Suarez, JJ)