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VILLAGE CTR. v. SLIGO REALTY

6521N

95 A.D.3d 219 (2012)

943 N.Y.S.2d 11

2012 NY Slip Op 2594

VILLAGE CENTER FOR CARE, Appellant, v. SLIGO REALTY AND SERVICE CORP., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 5, 2012.

Attorney(s) appearing for the Case

Cutler Minikes & Adelman LLP, New York City ( Jonathan Z. Minikes of counsel), for appellant.

Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P.C., Yonkers ( Gregory S. Bougopoulos of counsel), for respondent.

FRIEDMAN, J.P., SWEENY, ACOSTA, RENWICK and ABDUS-SALAAM, JJ., concur.

OPINION OF THE COURT

ACOSTA, J.

In this appeal we reaffirm this Department's rule that where defaults are incapable of being cured within the time provided in the notice to cure, and all that the terms of the lease require from the tenant is commencement of diligent efforts to cure the defaults within the allotted time, service of a notice of termination does not necessarily bar subsequent Yellowstone injunctive relief.

In November 2000, plaintiff...

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