3363 SEDGWICK v. MEDINA (2000)

Order entered on or about February 15, 2000 (Anthony J. Fiorella, Jr., J.) reversed, with $10 costs, motion denied, petition reinstated, and matter remanded for further proceedings.

Service of a formal notice to cure was not a sine qua non of the landlord's maintenance of this summary holdover proceeding based upon allegations that the tenant's history of chronic rent defaults constituted a violation of a substantial obligation of the tenancy, since “the cumulative pattern of [tenant's] course of conduct was incapable of ‘cure’ within ten days” (Adam's Tower Ltd. Partnership v. Richter, N.Y.L.J., Aug. 16, 2000, at 22, col. 1 [App.Term, 1st Dept.] [decided after issuance of the order on appeal];  see also, 974 Realty Corp. v. Ledford, 9 Misc.2d 240, 171 N.Y.S.2d 908).   To the extent that 72nd St. Partners v. Otis (N.Y.L.J., April 7, 1993, at 24, col. 3 [App.Term, 1st Dept.] ) is to the contrary, it should not be followed.

PER CURIAM.