COLRAINE REALTY CO., INC. v. ROSENBERG


4 Misc.2d 584 (1956)

Colraine Realty Co., Inc., Respondent, v. Arthur Rosenberg, Appellant.

Supreme Court, Appellate Term, Second Department.

October 19, 1956.


Attorney(s) appearing for the Case

George Green for appellant.

Schwaber & Berman for respondent.

HART, ARKWRIGHT and BROWN, JJ., concur.


Per Curiam.

The failure to serve a notice to cure, as required by subdivision 1 of section 52 of the State Rent and Eviction Regulations, was fatal to the maintenance of this proceeding insofar as it was based upon the tenant's violation of a substantial obligation of his tenancy. Furthermore, there was no evidence that the tenant's removal would cure the condition which was responsible for the filing of the violation against the entire building.

The...

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