Tenant Didn't Provide Access During Cure Period

June 10, 2012

LVT Number: #24150

Landlord sued to evict rent-stabilized tenant for failing to give access for repairs. The court ruled for landlord but delayed issuance of an eviction warrant to give tenant 10 days to cure. The warrant was issued several months later, and tenant asked the court to vacate the judgment and warrant. Tenant claimed that she had cured in a timely manner. The court ruled for tenant. Landlord appealed and won.

Landlord sued to evict rent-stabilized tenant for failing to give access for repairs. The court ruled for landlord but delayed issuance of an eviction warrant to give tenant 10 days to cure. The warrant was issued several months later, and tenant asked the court to vacate the judgment and warrant. Tenant claimed that she had cured in a timely manner. The court ruled for tenant. Landlord appealed and won. Tenant in fact didn't cure her breach of the lease, because she didn't provide landlord sufficient access within the 10-day post-judgment cure period to allow landlord to complete the necessary apartment repairs. Landlord could proceed with the eviction.

McCurdy v. Williams: NYLJ, 5/30/12, p. 26, col. 1 (App. T. 2 Dept.; Weston, JP, Rios, Aliotta, JJ)

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