530 v. John Situ and Hui Hua Situ, Respondents-Tenants-Respondents. (2026)

Supreme Court, Appellate Term, New York,

530 Manhattan Avenue Housing Development Fund Corporation, Petitioner-Landlord-Appellant, v. John Situ and Hui Hua Situ, Respondents-Tenants-Respondents.

571463 /25

Decided: April 30, 2026

PRESENT: Brigantti, J.P., Tisch, Alpert, JJ.

Per Curiam.

Order (Tracy Ferdinand, J.), dated April 4, 2024, affirmed, with $10 costs.

We agree that article 7.01 of the governing proprietary lease agreement, dealing with landlord's right to invoke a conditional limitation of the lease, required service of a 30-day notice of default followed by a 5-day notice of termination for the type of default alleged herein (7.01 [e]). Since landlord did not serve a notice of default prior to serving the notice of termination, the conditional limitation was not properly invoked and therefore, this summary proceeding was properly dismissed (see TSS-Seedman's, Inc. v Elota Realty Co., 72 NY2d 1024 [1988]; Miller v Levi, 44 NY 489 [1871]; see also 2 Robert F. Dolan, Rasch's Landlord and Tenant Including Summary Proceedings § 23:27, 23:28 [4th ed]; Perrotta v Western Regional Off-Tack Betting Corp., 98 AD2d 1 [1983]; Nordica Soho LLC v Emilia, Inc., 44 Misc 3d 76, 2014 NY Slip Op 24141 [App Term, 1st Dept 2014]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: April 30, 2026

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