CHINATOWN APARTMENTS, INC. v. CHU CHO LAM


51 N.Y.2d 786 (1980)

Chinatown Apartments, Inc., Appellant, v. Chu Cho Lam, Respondent.

Court of Appeals of the State of New York.

Decided October 7, 1980.


Attorney(s) appearing for the Case

Arthur Birnbaum for appellant.

Roger K. Evans and Michael D. Kaufman for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Upon a breach by the tenant of one of the lease provisions, petitioner landlord was entitled to serve the tenant with a "Notice of Intention to Terminate Occupancy"; and, under the terms of the lease, the tenancy would terminate automatically after service of such notice unless the tenant acted within 10 days to cure the alleged breach...

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