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NESTOR v. McDOWELL

81 N.Y.2d 410 (1993)

Marianne Nestor, Appellant, v. Jay H. McDowell et al., as Executors of Sidney Diamond, Deceased, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 10, 1993.

Attorney(s) appearing for the Case

Shaw & Binder, New York City (Stuart F. Shaw, Robert H. Goldberg and Martin Shulman of counsel), for appellant.

Cadwalader, Wickersham & Taft, New York City (Edwin David Robertson and Maria T. Mascaro of counsel), for respondents.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., and SMITH concur.

BELLACOSA, J.

The central issue on this appeal is whether the opportunity to cure the breach of a lease condition, a remedy available under RPAPL 753 (4), applies to ejectment actions commenced in the Supreme Court by an owner of a rent-stabilized cooperative apartment.

The surviving defendant tenant, Helene Diamond (her husband, defendant Sidney Diamond, died in January 1992) has resided in the rent...

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